50. Later, Mr. Olivera approached the cash register and asked to speak to the store
manager. In response to his request, the store manager was called over to the cash
register. Mr. Olivera handed the manager a card from the Homosexual Movement of
Lima, telling her that that she would be hearing from him. 47
51. Several days later, on August 17, 2004, as part of a report on the Reporte Semanal
television program, Mr. Olivera went to another branch of Supermercado Santa Isabel
in the company of his partner, as well as with a journalist and his partner, of different
sex. Both couples deliberately engaged in the same displays of affection. Mr. Olivera and
his partner were reprimanded by the staff of the establishment, who told them that
because of company policy they had to leave and that “outside in the street [they] could
do whatever [they] want[ed], but not [here].” 48 For his part, the journalist and his
partner did not receive any type of warning or reprimand. 49
B. Complaint to the Consumer Protection Commission (CPC) of the
National Institute for the Defense of Competition and Intellectual Property
(INDECOPI)
52. On October 1, 2004, Mr. Olivera filed a complaint with the Consumer Protection
Commission (CPC) of the National Institute for the Defense of Competition and
Intellectual Property (INDECOPI) against Supermercados Peruanos S.A., alleging that he
had received discriminatory treatment because of his sexual orientation on August 11,
2004, based on Article 2(2) of the Constitution, 50 as well as on Articles 5(d) 51 and 7(b) 52
47
Cf. Complaint filed by Mr. Olivera Fuentes before INDECOPI on September 29, 2004 (evidence file,
folio 4); Statement of G.M.P, manager of Supermercado Santa Isabel - San Miguel, of October 14, 2004
(Evidence file, folio 21), and Report No. 056-J.P.P. of C.Q.D, head of Loss Prevention of Supermercados Santa
Isabel - San Miguel, of August 12, 2004 (evidence file, folio 23).
48
Cf. Complaint filed by Crissthian Manuel Olivera Fuentes before the National Institute for the Defense
of the Consumer and Intellectual Property(INDECOPI), of October 1, 2004 (Evidence file, folio 5), and video of
the program Reporte Semanal broadcast on August 22, 2004 (evidence file, audiovisual material file, minutes
5:00 to 14:00).
49
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 5), and video
of the television program Reporte Semanal broadcast on August 22, 2004 (evidence file, audiovisual material
file, minutes 5:00 to 14:00).
50
This article establishes that “[e]very person has the right to equality before the law. No one shall be
discriminated against on the basis of origin, race, sex, language, religion, opinion, economic or other status.”
51
This article establishes the following:
d) The right to the protection of their economic interests, through equitable and fair treatment in
all commercial transactions; and to protection against coercive commercial methods or those
involving disinformation or misinformation about products or services; [...] It should be noted that
Article 5(d) of Legislative Decree No. 716 establishes that all consumers have the right to
protection of their economic interests, through equitable and fair treatment in all commercial
transactions; it also establishes that consumers may not be discriminated against on the basis of
race, sex, socioeconomic status, language, disability, political preferences, religious beliefs or any
others, in the acquisition of products and the provision of services offered in premises open to the
public.
52
This article establishes that:
Suppliers may not discriminate in any way with respect to customers seeking their products and
services offered in premises open to the public. It is prohibited to select customers, exclude people
or carry out other similar practices, except for reasons of the security of the establishment, the
18