I
INTRODUCTION OF THE CASE AND CAUSE OF THE ACTION
1.
The case submitted to the Court. On June 4, 2021, the Inter-American Commission
on Human Rights (hereinafter “the Inter-American Commission or “the Commission”)
submitted to the jurisdiction of the Inter-American Court the case of “Crissthian Manuel
Olivera Fuentes against Peru” (hereinafter “the State” or “Peru”). According to the
Commission, the case concerns the alleged international responsibility of the State for
the violation of the rights to equality and non-discrimination, privacy, judicial guarantees
and judicial protection, to the detriment of Crissthian Manuel Olivera Fuentes, due to
alleged discrimination against him based on the expression of his sexual orientation.
2.
Procedure before the Commission. The procedure before the Commission was as
follows:
a) Petition. On November 29, 2011, the organization Estudio para la Defensa de los
Derechos de la Mujer (DEMUS) (Study for the Defense of Women’s Rights) lodged
the initial petition before the Commission.
b) Report on Admissibility. On December 28, 2017, the Commission adopted
Admissibility Report No. 172/17, in which it concluded that the petition was
admissible. 1
c) Merits Report. On October 29, 2020, the Commission adopted Merits Report No.
304/20, pursuant to Article 50 of the Convention (hereinafter “the Merits Report”
or “Report No. 340/20”), in which it reached certain conclusions 2 and made
several recommendations to the State.
d) Notification to the State. On December 4, 2020, the Commission notified the
Merits Report to the State, granting it two months to report on its compliance
with the recommendations. After the Commission had agreed to an extension, on
May 23, 2021, the State requested a second extension. Upon assessing this
request, the Commission noted that, six months after having notified the Merits
Report, there had been no real progress in compliance with the
recommendations, and the State had not expressed its position on the report’s
conclusions and recommendations, nor had it contacted the victim or his
representatives.
3.
Submission to the Court. On June 4, 2021, the Commission submitted to the
jurisdiction of the Inter-American Court all the facts and human rights violations
described in the Merits Report “given the need to obtain justice and reparation.” 3
1
The report was notified to the parties on February 23, 2018.
2
The Commission concluded that the State was internationally responsible for the violation of the
rights established in Articles 8(1) (judicial guarantees), 11 (privacy), 24 (equality before the law) and 25(1)
(judicial protection) of the American Convention on Human Rights (hereinafter “the American Convention”), in
relation to the obligations established in Article 1(1) of the same instrument.
3
The Commission appointed Commissioner Edgar Stuardo Ralón Orellana Panszi as its delegate before
the Court. It also appointed the then Assistant Executive Secretary, Marisol Blanchard Vera, and the then
lawyers of the Commission’s Executive Secretariat, Jorge Meza Flores and Christian González Chacón as its
4