D.3 Design and implementation of a system to produce and compile statistics on violence against LGBTI people 250. The representatives asked the Court to order the State to implement a system to produce and compile statistics on prejudice-based violence against LGBTI people. According to the representatives, the database should include, at a minimum, statistical information on the number of reports of cases of violence against LGBTI people, type of perpetrator, procedures undertaken, and result of the investigations. 251. The State indicated that the 2018-2021 National Human Rights Plan had taken into consideration “strengthening the system for recording discrimination and violence (nationwide cases or reports), including cases involving LGBTI people owing to their gender identity or sexual orientation.” It also indicated that the Ministry of the Interior “has ensured that the Police Reports System (SIDPOL) now incorporates a checkbox that allows complaints of discrimination based on sexual orientation and gender identity to be recorded,” so that “it will be possible to know the exact number of complaints made in the police stations of the Peruvian National Police.” Peru also indicated that, under the National Program to combat Domestic and Sexual Violence of the Ministry for Women and Vulnerable Populations (MIMP), in 2015 and 2016, the form to record cases in the Women’s Emergency Centers (CEM) included information on users who identified as LGBTI. In 2017 and 2018, the form recorded information on vulnerability based on sexual orientation and gender identity as a risk factor for clients of the Centers. The State also reported that the National Mechanism to Prevent Torture and other cruel, inhuman and degrading treatment or punishment “has identified the LGBTI community as a particularly vulnerable group that merits a differentiated treated based on its specific needs.” In this regard, the State indicated that “when preparing the said [2018] Annual Report, it became clear that there was no formal data recording information on the number of people belonging to vulnerable groups; however, important findings were made on such individuals as a result of surveys, interviews and evaluations, in which adolescents, young people and adults were consulted on their self-identification as a member of an indigenous people or of the LGBTI community, and to find out whether they had suffered any act of physical, mental or moral aggression on this basis.” 252. The Court appreciates the progress made by the Peruvian State in the collection of data about violence against LGBTI people. However, the Court understands that comprehensive information on the violence suffered by LGBTI people must be collected in order to understand the true magnitude of this phenomenon and, on this basis, design strategies to prevent and to eliminate fresh acts of violence and discrimination. Therefore, the Court orders the State to design immediately and implement within one year, through the corresponding State entity, a system to compile data and figures linked to cases of violence against LGBTI people “in order to be able to uniformly and accurately assess the type, prevalence, trends and patterns of violence and discrimination against” LGBTI persons, disaggregating “the data by community, race, ethnicity, religion or belief, health status, age, class, and migration or economic status.”307 The number of cases prosecuted should also be specified, identifying the number of indictments, convictions and acquittals. The State must publish this information each year in the corresponding report, ensuring that the general public have access to it, while keeping the identity of the victims confidential.308 The State must present the Court with an annual report for three years following the implementation of the data collection system indicating the relevant actions taken. Cf. Report of the United Nations Independent Expert on protection against violence and discrimination based on sexual orientation or gender identity, Víctor Madrigal-Borloz, A/HRC/41/45, May 14, 2019, para. 78. 307 308 Cf. Case of López Soto et al. v. Venezuela. Merits, reparations and costs, supra, para. 349. 65

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