in displays of affectionate behavior. According to Mr. Olivera, such behavior involved
“physical contact and amorous gazes” as well as the reading of poems. 38 According to
information provided by the supermarket in the context of the domestic proceedings,
Mr. Olivera and his partner exchanged “caresses, hugs and kisses.” 39
48. Ms. G.M.P, the supermarket supervisor, received a complaint from a customer who
said he felt “uncomfortable and annoyed” by the “attitude” of Mr. Olivera and his partner,
who “were seated at the table next to the one he occupied with his daughter, who had
just come from playing in the [play area].” 40 As a result of this complaint, the store
supervisor, together with members of the security staff, approached the couple and
asked them to “cease their amorous scenes out of respect for the other customers,”
since one of them was complaining because “there were children who were passing by
for the games.” 41 Finally, the supermarket supervisor told them that they had to buy
items from the cafeteria and refrain from their affectionate behavior so as not to disturb
the clientele, or else they had to leave the establishment. 42 At a certain point during this
incident an agent of the National Police was present. 43
49.
In response to the comments made by the store supervisor, Mr. Olivera expressed
his disagreement with what he considered to be “discriminatory treatment,” pointing out
that while homosexual couples could not show affection in the establishment,
“heterosexual couples [can] express themselves publicly in the cafeteria.” 44 In response
to Mr. Olivera and his partner’s complaint, the supermarket’s security staff approached
them and asked them to comply with the supervisor’s instructions or leave the
premises. 45 According to Mr. Olivera, the attitude of the supermarket staff placed him in
an “embarrassing” and “humiliating” situation of discrimination.” 46
Cf. Complaint filed by Crissthian Manuel Olivera Fuentes before the National Institute for the
Defense of the Consumer and Intellectual Property(INDECOPI), on October 1, 2004 (evidence file, folio 4),
and Statement of Crissthian Manuel Olivera Fuentes rendered at the public hearing held on August 24, 2022,
during the Court’s 150th Regular Session.
39
Cf. Answering brief of Supermercados Peruanos S.A., of October 19, 2004 (evidence file, folio 14).
See also, Statement of G.M.P, manager of Supermercado Santa Isabel - San Miguel, of October 14, 2004
(evidence file, folio 21).
40
Cf. Statement of G.M.P, manager of Supermercado Santa Isabel - San Miguel, of October 14, 2004
(evidence file, folio 21).
41
Cf. Statement of G.M.P, manager of Supermercado Santa Isabel - San Miguel, of October 14, 2004
(evidence file, folio 21).
42
Cf. Statement of Crissthian Manuel Olivera Fuentes at the public hearing held on August 24, 2022,
during the Court’s 150th Regular Session.
43
Cf. Tribunal for the Defense of Competition and Protection of Intellectual Property, Chamber for the
Defense of the Jurisdiction, Decision no. 0665-2006/TDC-INDECOPI, of May 17, 2006 (evidence file, folio 49).
44
Cf. Complaint of Mr. Olivera Fuentes to INDECOPI of September 29, 2004 (evidence file, folio 4).
45
Cf. Complaint of Mr. Olivera Fuentes to INDECOPI of September 29, 2004 (evidence file, folio 4); and
statement rendered by Crissthian Manuel Olivera Fuentes at the public hearing held on August 24, 2022, during
the Court’s 150th Regular Session, who stated the following: “Yes, they tried to move us out, but they didn’t
manage it because we refused, they wanted to take us by the arm and they told me ‘come with us’ […] but I
dodged that attempt.”
46
Cf. Complaint filed by f Mr. Olivera Fuentes to INDECOPI on September 29, 2004 (evidence file, folio
4); and statement rendered by Crissthian Manuel Olivera Fuentes at the public hearing held on August 24,
2022, during the Court’s 150th Regular Session. Mr. Olivera stated the following: “The situation became very
embarrassing, humiliating, because it went from a peaceful, romantic situation […] and then abruptly to a
humiliating situation. Suddenly, we had the security personnel surrounding us and treating us like criminals.”
38
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