distress” for more than 18 years. 205
140. The Court therefore finds that Mr. Olivera experienced great suffering and anguish
to the detriment of his psychological and moral integrity. In view of this, the Court orders
the State to provide, free of charge, and as a priority, psychological and/or psychiatric
treatment, as appropriate, for Mr. Olivera Fuentes. This must include the provision of
medication and, if applicable, transportation and other directly related and necessary
expenses. 206 The psychological and/or psychiatric treatment must be provided by
psychologists or psychiatrists, taking into account the specific circumstances and needs
of the victim, as agreed with him and after an individual evaluation. 207 In the event that
such experts are not available through the general psychological and psychiatric care
service of the Integral Health System or the Social Health Insurance service, the State
must provide the specialized treatment at a private health center. The State will have a
period of three months from the time it receives said request to effectively provide the
psychological and/or psychiatric care requested.
C. Measures of satisfaction
141. The Commission did not make specific requests in this regard, although it
stressed the need to provide “full” reparation to the victim.
142. The representatives requested that the Peruvian State be ordered to publish the
official summary of the judgment in the main newspapers with wide national circulation.
In addition, they requested publication of the judgment in its entirety for one year via a
link on the websites of the Ministry of Justice and Human Rights, INDECOPI and the
Judiciary.
143. They also requested that the Peruvian State be ordered to hold an act of
acknowledgement of responsibility and to offer apologies for the violations committed to
the detriment of Mr. Olivera Fuentes, “for the discrimination he suffered due to his sexual
orientation and gender expression.” They indicated that the public act should take place
within one year from notification of this judgment, and be broadcast on national radio
and television, as well as on social media networks and it should be attended by senior
representatives of the Peruvian State, including the presidency of the Republic, the
presidency of the Council of Ministers, the head of the Ministry of Justice and Human
Rights, the presidency of INDECOPI and the head of the Judiciary. In addition, they
requested that Mr. Olivera and his representatives be fully consulted in advance about
the details of the public act, such as the date and place, as well as the message of
apology.
144. The State did not raise any objection to the publication of the judgment or the
official summary. Regarding a possible public act to acknowledge its responsibility, it
205
Cf. Statement of Crissthian Manuel Olivera Fuentes at the public hearing held on August 24, 2022,
during the Court’s 150th Regular Session.
206
Cf. Case of Poblete Vilches et al. v. Chile. Merits, reparations and costs. Judgment of March 8, 2018.
Series C No. 349, para. 231, and Case of Aroca Palma et al. v. Ecuador, supra, para. 132.
207
Cf. Case of the Dos Erres Massacre v. Guatemala. Preliminary objection, merits, reparations and
costs, Series C No. 211, para. 270, and Case of Aroca Palma et al. v. Ecuador, supra, para. 132.
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