they were patrolling the area and “noticed someone lying down in the center of the Casa
Grande-Industrial Highway.”140 They also indicated that the presumed victim threatened to
report them.141 Three agents indicated that, when she had been taken to the police station,
the presumed victim remained there for about an hour.142
106. The presumed victim indicated that the events described in the report were false.143
Moreover, she has consistently stated that, on February 25, 2008, at the time of the detention,
she was walking home alone at 00:30 hours when a police vehicle approached her and the
agents said: “Luchito, where are you going?” and [Ms. Rojas Marín] answered that [she was
on her way] home […]; then the serenazgo said: “So late! Be careful because it’s very late.”144
Twenty minutes later the vehicle approached her again, they hit her with a police baton, they
made her get into the police vehicle and they shouted at her three times “cabro concha de tu
madre” [queer, motherfucker].145 While they were making her get into the police vehicle, Ms.
Rojas Marín asked why they were detaining her and the State agent did not answer her. 146
She was taken to the Casa Grande Police Station where state agents forcibly undressed her,
hit her, raped her with a police baton and subjected her to other mistreatment and insults
concerning her sexual orientation (infra para. 157). The presumed victim indicated that she
remained in the Police Station until 6 a.m., that is, around five hours.147
107. First, the Court notes that there are inconsistencies between the police report and the
statements of the state agents as to whether the presumed victim was alone or with two other
individuals, or whether or not the presumed victim had tried to flee when the state agents
approached. There is no other evidence, including additional information on the telephone call
from the neighbors noting the presence of suspicious individuals or a record of the detention
that the State was obliged to prepare (infra para. 119), which would corroborate the version
Cf. Statement made by FFR at the Casa Grande Police Station on March 18, 2008 (evidence file, folio 2755);
Statement made by HMN at the Casa Grande Police Station on March 18, 2008 (evidence file, folios 928 and 929),
and Statement made by VRV at the Casa Grande Police Station on March 18, 2008 (evidence file, folio 943).
140
Cf. Statement made by FFR at the Casa Grande Police Station on March 18, 2008 (evidence file, folio 2755);
Statement made by HMN at the Casa Grande Police Station on March 18, 2008 (evidence file, folio 929), and
Statement made by VRV at the Casa Grande Police Station on March 18, 2008 (evidence file, folio 943).
141
Cf. Statement made by SAR ante the Pacasmayo Provincial Inspectorate on April 30, 2008 (evidence file, folio
2774); Statement made by DPP at the Casa Grande Police Station on March 7, 2008 (evidence file, folio 2768), and
Statement by JLM at the Casa Grande Police Station on March 4, 2008 (evidence file, folio 2776).
142
Cf. Expansion of the statement made by Azul Rojas Marín at the Casa Grande Police Station on March 6, 2008
(evidence file, folio 2816).
143
Cf. Verbal complaint made by Azul Rojas Marín at the Casa Grande Police Station on February 27, 2008
(evidence file, folio 2793); Statement made by Azul Rojas Marín at the Casa Grande Police Station on February 28,
2008 (evidence file, folio 2808), and Statement made by Azul Rojas Marín at the public hearing on merits before the
Inter-American Commission on December 1, 2016.
144
Cf. Verbal complaint made by Azul Rojas Marín at the Casa Grande Police Station on February 27, 2008
(evidence file, folio 2793); Statement made by Azul Rojas Marín at the Casa Grande Police Station on February 28,
2008 (evidence file, folios 2808 and 2809), and Expansion of the statement made by Azul Rojas Marín at the Casa
Grande Police Station on March 6, 2008 (evidence file, folio 2815).
145
In this regard, the Court notes that, in her first statement, the presumed victim indicated that when she asked
why she was being detained, they answered “Get into the van, cabro concha de tu madre.” The written report on the
psychological assessment indicated that they answered: “the police have orders to detain you.” Cf. Statement of the
facts by Azul Rojas Marín at the Casa Grande Police Station on February 28, 2008 (evidence file, folio 2809), and
Report on the psychological assessment of Azul Rojas Marín on September 5, 6 and 7, 2008 (evidence file, folio 2396).
146
Cf. Statement made by Azul Rojas Marín at the Casa Grande Police Station on February 28, 2008 (evidence
file, folio 2813); Verbal complaint made by Azul Rojas Marín at the Casa Grande Police Station on February 27, 2008
(evidence file, folio 2793); Expansion of the statement made by Azul Rojas Marín at the Casa Grande Police Station
on March 6, 2008 (evidence file, folio 2816), and Statement made by Azul Rojas Marín at the public hearing on merits
before the Inter-American Commission on December 1, 2016 (evidence file, folder of audiovisual material, minutes
06:48 to 06:50).
147
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