check and the resulting detention were necessary, or what the grounds were for the measures taken in the case of the presumed victim. 125. Furthermore, twenty minutes before the presumed victim was detained, 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 […], so the serenazgo said: “So late! Be careful because it’s very late.”159 The Court notes that it was entirely possible to interpret this comment as a possible threat and a demonstration of authority by the state agents and it is probable that this is how the presumed victim interpreted it. 126. At the time of the detention, a police agent shouted out at her on three occasions, “cabro concha de tu madre.”160 Also, while they were making her get into the police vehicle, Ms. Rojas Marín asked why she was being detained and the answered “get in, cabro concha de tu madre.”161 This type of insult and the derogatory terms that clearly referred to her sexual orientation or non-normative gender expression continued while she was detained (infra para. 157).162 127. The Working Group on Arbitrary Detention has indicated that deprivation of liberty is for discriminatory reasons “when it is apparent that persons have been deprived of their liberty specifically on the basis of their own or perceived distinguishing characteristics or because of their real or suspected membership of a distinct (and often minority) group.” The Working Group considered that one of the factors to take into account to determine the existence of discriminatory grounds was whether “the authorities have made statements to, or conducted themselves towards, the detained person in a manner that indicates a discriminatory attitude.”163 In addition, expert witness María Mercedes Gómez indicated that “one of the essential elements [to establish that a person was detained based on prejudice] is that it is not possible to identify any other apparent grounds than the perception of the victim; in other words, there is no practical purpose for the detention. [And also] the expressions that were used.”164 128. In the absence of legal grounds for subjecting the presumed victim to an identity check and with the existence of elements that point towards discriminatory treatment based on sexual orientation or non-normative gender expression, the Court must presume that the detention of Ms. Rojas Marín was carried out for discriminatory reasons. feel no animosity towards him and I am not related to him in any way.” Statement made by FFR before the Second Provincial Corporate Criminal Prosecution Service of Ascope of March 18, 2008 (evidence file, folio 2754). Cf. Verbal complaint made by Azul Rojas Marín at the Casa Grande Police Station on February 27, 2008 (evidence file, folio 2793). 159 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 at the Casa Grande Police Station on February 28, 2008 (evidence file, folio 2808), and Expansion of the statement made by Azul Rojas Marín at the Casa Grande Police Station on March 6, 2008 (evidence file, folio 2815). 160 Cf. Verbal complaint made by Azul Rojas Marín at the Casa Grande Police Station on February 27, 2008 (evidence file, folio 2793). 161 The word “cabro” “is generally understood as a pejorative term to refer to homosexuals.” Thus, it is said, “in Peru, homosexual men are called “cabros.” It is also used as a variant of “marica” or “maricón.” Ultimately, “cabro” is a little stronger than the latter. Cf. Amicus curiae presented by the Coalition of Lesbian, Gay, Bisexual, Travesti, Transgender, Transsexual and Intersex Organizations of the Americas before the OAS (merits file, folio 820) [Note: “concha de tu madre” can be understood as “motherfucker.”] 162 163 Report of the Working Group on Arbitrary Detention. A/HRC/36/37 of July 19, 2017, para. 48. 164 Cf. Statement made by María Mercedes Gómez during the public hearing held in this case. 34