D.4 Eliminate the indicator of “eradication of homosexuals and
transvestites” from the public safety plans of the regions and districts of
Peru
253. The representatives asked the Court to order the Peruvian State to eliminate from the
“Public safety plans of the regions and districts of Peru,” which provide information on the
incidence of crime in each jurisdiction, the indicator on the “eradication of homosexuals and
transvestites […] because this policy legitimizes the violation of the rights of LGBTI people in
Peru since it increases their segregation and provides a legal framework to justify arbitrary
detentions based on prejudices relating to sexual orientation and identity, and non-normative
gender expression. This action falls within the competence of the Ministry of the Interior in
coordination with local and regional governments.” The representatives explained that
“eradication” consisted “in removing individuals from the territory of a district” owing to their
perceived sexual orientation or gender identity.
254. The State indicated that although the representatives’ request “accorded with the
transformational approach of the reparations,” it had no causal nexus with the facts of the
case, and should therefore be rejected.
255. The Court considers that the inclusion of an indicator involving the “eradication of
homosexuals and transvestites” in the public safety plans is a highly discriminatory element
that exacerbates the prejudices against the LGBTI population and, therefore, promotes the
possibility of violence based on prejudice occurring, as in this case. Consequently, the Court
orders the State, in coordination with local and regional governments, to eliminate the
indicator on “eradication of homosexuals and transvestites” from the public safety plans of the
regions and districts of Peru within one year.
E.
Compensation
E.1 Pecuniary damage
256. In its case law, the Court has developed the concept that pecuniary damage supposes
the loss or detriment to the income of the victims, the expenses incurred owing to the facts
and the consequences of a pecuniary nature that have a causal nexus with the facts of the
case.309
257. The Commission asked that the State “provide comprehensive reparation to Azul Rojas
Marín and Juana Rosa Tanta Marín for the violations of their human rights that have been
established.” This should “include measures of pecuniary compensation and satisfaction to
redress both the pecuniary and the non-pecuniary damage.”
258. The representatives asked the Court to order compensation for the pecuniary damage
suffered by Azul and her mother. They indicated that, “before the events of February 25, 2008,
[…] Azul worked in the Casa Grande Health Center, where they paid her the minimum living
wage at the time (that is, S/.550.00 new soles to 2018).” In addition, she worked raising and
selling pigs, and also prepared food for certain events […] and had begun a university course
in law.” They indicated that, as a result of the events of February 25, 2008, “Azul was unable
to continue the said activities” and, currently, was engaged in “temporary informal
employment.” They asked the Court to calculate the pecuniary damage from March 2008 to
the date of the Court’s judgment,” and this amounted to US$65,016. In the case of Azul’s
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and costs. Judgment of February 22, 2002. Series
C No. 91, para. 43, and Case of Montesinos Mejía v. Ecuador. Preliminary objections, merits, reparations and costs,
supra, para. 233.
309
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