the neighbor they would least like to have was a homosexual neighbor;48 in 2012, these
percentages decreased to 41.8% and 44%, respectively.49 In this regard, local governments in
Peru include in their public safety plans the “eradication of homosexuals,” which consists in
eliminating them from local territory.50
50. Regarding acts of violence, in its Concluding observations on the combined fifth and sixth
periodic reports of Peru, which include 2008 among the years reported, the Committee against
Torture indicated that:
The Committee is seriously concerned at reports of harassment and violent attacks, some of
which have resulted in deaths, against the LGBT community by members of the national
police, armed forces, municipal security patrols (serenos) and prison officials and at arbitrary
detention and physical abuse in police stations with denial of fundamental legal safeguards
(arts. 2, 11, 12, 13 and 16).
The State party should take effective measures to protect the LGBT community from attacks,
abuse and arbitrary detention and ensure that all acts of violence are promptly, effectively
and impartially investigated and prosecuted, perpetrators brought to justice and victims
provided with redress.51
51. In sum, the Court concludes that strong prejudices against the LGBTI population existed
and continue to exist in Peruvian society and, in some cases, this results in violence. The
Court notes that 62.7% of LGBTI people surveyed indicated that they had been victims of
violence or discrimination, and 17.7% victims of sexual violence. At times, this violence is
committed by state agents, including members of the national police, and the municipal
security service (serenazgo), as it is alleged occurred in this case.
B.
Detention of Azul Rojas Marín and alleged torture
52. Azul Rojas Marín was born on November 30, 1981.52 She raised pigs for a living.53 At the
time of her detention on February 25, 2008, she identified as a gay man.54 Currently, she
identifies as a woman and uses the name Azul.
Instituto de Opinión Pública, Actitudes hacia la homosexualidad en Perú, February 2015, pp. 18 and 19, citing
the World Values Survey. Available at: http://repositorio.pucp.edu.pe/index/bitstream/handle/123456789/47040/
Cuadernos%20de%20investigaci%C3%B3n%2011.pdf?sequence=4
48
Instituto de Opinión Pública, Actitudes hacia la homosexualidad en Perú, February 2015, pp. 20 and 21, citing
la World Values Survey. Available at: http://repositorio.pucp.edu.pe/index/bitstream/handle/123456789/47040/
Cuadernos%20de%20investigaci%C3%B3n%2011.pdf?sequence=4
49
Peruvian Ombudsman, Derechos humanos de personas LGBTI: Necesidad de una política pública para la
igualdad en Perú, p. 17. Available at: https://defensoria.gob.pe/modules/Downloads/informes/defensoriales/
Informe-175--Derechos-humanos-de-personas-LGBTI.pdf
50
Committee against Torture, Concluding observations on the combined fifth and sixth periodic reports of Peru,
adopted by the Committee at its forty-ninth session, January 21, 2013, CAT/C/PER/CO/5-6, para. 22 (evidence file,
folio 4959).
51
Cf. National identity document (evidence file, folio 2172). This identity document contains the name given to
the presumed victim at birth. However, the Court notes that she identifies herself as a transgender woman.
Consequently, the Court will refer to her as Azul Rojas Marín, as this is the name she use and is identified by.
52
Cf. La Libertad Superior Court of Justice, Ascope First Preliminary Investigation Court. Order to dismiss the
proceedings of January 9, 2009 (evidence file, folio 28); Public Prosecution Service. Institute of Forensic Medicine.
Ascope Forensic Medicine Division. Psychological expertise protocol (evidence file, folio 3), and Statement of witness
Víctor Álvarez at the public hearing on August 27, 2019.
53
Cf. Public Prosecution Service. Institute of Forensic Medicine. Ascope Forensic Medicine Division. Psychological
expertise protocol (evidence file, folio 3), and Request presented by Azul Rojas Marín on August 1, 2008 (evidence
file, 2277).
54
15