refers to the implementation of the National Human Rights Plan during the years 2018
to 2021 (in other words, it refers to facts prior to the submission of the answering brief).
Nevertheless, the Court will include said document as it considers it useful for the
settlement of this case, in accordance with Article 58(a) of the Rules of Procedure.
B. Admissibility of the testimonial and expert evidence
45.
The Court deems it appropriate to admit the statements provided by affidavit 34
and at the public hearing, 35 insofar as they comply with the purpose defined by the
President in the order that required them. 36
VII
FACTS
46. In this chapter, the Court will establish the facts of the case based on the factual
framework submitted by the Inter-American Commission and the body of evidence, in
relation to the following aspects: (a) events that occurred on August 11, 2004 (b)
complaint to the Consumer Protection Commission (CPC) of the National Institute for the
Defense of Competition and Intellectual Property (INDECOPI), (c) appeal to the Tribunal
for the Defense of Competition and Intellectual Property, (d) appeal for annulment before
the Second Chamber for Contentious-Administrative Matters of the Superior Court of
Justice of Lima, (e) appeal before the Permanent Civil Chamber of the Supreme Court of
Justice, and (f) cassation appeal before the Permanent Constitutional and Social Law
Chamber of the Supreme Court of Justice.
A. Events that occurred on August 11, 2004
47. On August 11, 2004, Crissthian Manuel Olivera Fuentes, a human rights defender
with a long history of activism for the rights of LGBTIQ+ persons, 37 and his same-sex
romantic partner, were in a cafeteria located in the Santa Isabel supermarket in San
Miguel, Lima. While at this business establishment, Mr. Olivera and his partner engaged
34
The Court received the statements rendered by affidavit of the witnesses Juan Francisco Rojas Leo
and Elizabeth Mercedes Sante Beizaga and of the witness Rafael Rodríguez Campos, proposed by the State,
as well as of the expert witness Gonzalo Meneses, proposed by the representatives.
35
During the public hearing the Court received the statements of the alleged victim Crissthian Manuel
Olivera Fuentes and of the expert witnesses Laura Clérico, proposed by the representatives, and Laura Otero,
proposed by the Inter-American Commission.
36
The purposes of all these statements are established in the Order of the President of the InterAmerican Court of June 30, 2002. Available at:
www.corteidh.or.cr/docs/asuntos/olivera_fuentes_30_06_22.pdf
37
Cf. For the purposes of this judgment, the Court will use the acronym “LGBTIQ+” to refer to lesbian,
gay, bisexual, transgender, intersexual and queer persons. The “plus” sign represents persons with a diverse
sexual orientation, gender identity, gender expression and sex characteristics that self-identify using other
terms. Cf. International Labor Organization (ILO), Report “Inclusion of lesbian, gay, bisexual, transgender,
intersexual and queer (LGBTIQ+) persons in the world of work: a learning guide,” page 4, available at:
https://www.ilo.org/global/publications/books/WCMS_852977/lang--es/index.htm. See also, United Nations
High
Commissioner
for
Refugees,
“LGBTIQ+
refugees,
11.
Terminology”,
available
at:
https://www.unhcr.org/handbooks/ih/age-gender-diversity/lgbtiq-refugees
16