physicians in Peru. In addition, the State indicated that, although Plenary Decision No. 12011/CJ-116 was not legally binding, “it provides rules for the classification of the offense of rape, the validity and assessment of the victim’s statement (including situations when this is retracted or discontinued), and for general evidence in rape offenses.” It underscored that this decision stipulated that, “when sexual offenses are evaluated in court, any gender stereotyping or prejudice must be rejected.” The State also mentioned two other plenary decisions, one on “assessment of expert evidence in rape offenses” and the other on “rules for the assessment of the statements of co-defendants and aggrieved parties.” 241. The Court considers that the general criteria established in the documentation cited by the State signifies an important step forward towards the adaptation of domestic laws and practices to international standards concerning the protection of LGBTI people. However, it notes that more specific standards are required that include the criteria established in this judgment and in other relevant international instruments. For example, witness Ketty Garibay Mascco testified before the Court that, at the present time, the Public Prosecution Service does not have precise investigation guidelines and protocols relating specifically to LGBTI people. 306 242. Consequently, the Court finds it appropriate to order the State to adopt, within two years of notification of this judgment, a protocol on investigations and administration of justice in criminal proceedings involving members of the LGBTI community who are victims of violence. The protocol must be addressed at all the public officials who intervene in the investigation and processing of criminal proceedings in cases involving members of the LGBTI community who are victims of violence, as well as the public and private health care personnel who participate in such investigations. This protocol must include the obligation of State agents to refrain from using discriminatory presumptions and stereotyping when receiving, processing and investigating complaints. 243. When preparing the protocol, the State must take into account the criteria established in the international instruments on torture, as well as the standards developed in this judgment and in the Court’s case law. This protocol must take into consideration that due diligence in cases of the rape and torture of LGBTI people entails the adoption of special measures and the development of a process designed to avoid their revictimization, so that it must include, as a minimum, the standards developed in paragraphs 178 to 204 of this judgment. In the case of public and private health care personnel, based on the standards developed in paragraphs 187 to 193 and 198 to 204 of this judgment, the protocol must include at least the following guidelines: (i) the medical examination of the presumed victim must be performed with prior informed consent, without the presence of law enforcement or other state agents, avoiding, insofar as possible, more than one physical assessment; (ii) as soon as a rape is reported, an immediate complete and detailed medical and psychological examination must be performed by trained and appropriate personnel, if possible of the sex preferred by the victim, advising the victim that they may be accompanied by a person of confidence if they so wish; (iii) this examination must be performed based on protocols specifically addressed at documenting evidence in cases of sexual violence, and (iv) during psychological and/or psychiatric evaluations, doctors must refrain from inquiring into the victim’s sexual history and, in general, using stereotypes of sexual orientation or gender expression. 244. Lastly, in the case of public officials who are employed in the administration of justice, the protocol must include, pursuant to the standards developed in paragraphs 178 to 204 of this judgment, at least the following criteria: (i) agents of justice must not mistreat or exercise discrimination towards victims and must respect everyone’s sexual orientation and gender 306 Cf. Statement made by Ketty Garibay Mascco during the public hearing held in this case. 63

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