expression; (ii) presumed victims and witnesses, especially those who are members of the LGBTI population, must be able to report offenses in spaces in which their privacy can be guaranteed, and (iii) methods should be designed to identify indications of whether the sexual violence and torture was committed based on prejudices involving sexual orientation or nonnormative gender identity or expression. D.2 Awareness-raising and training of state agents on violence against LGBTI people 245. The Commission asked the Court to order the State: (i) “to ensure that article 205 of the Code [of Criminal Procedure] was not used in an abusive and discriminatory manner by the police authorities, including by establishing effective accountability measures”; (ii) “to train law enforcement agencies and, in general, officials responsible for the custody of persons deprived of liberty in the absolute prohibition of torture and sexual and other forms of violence against the LGBTI population, and also to send a clear message of condemnation of this type of act,” and (iii) “to design training and educational programs for all agents of justice who enter into contact with and/or are responsible for investigating cases of prejudice-based violence, including sexual violence.” 246. The representatives asked the Court to order the State to establish permanent and compulsory education and training programs for law enforcement agents and other public officials. They indicated that “these programs and courses should be addressed at police agents, prosecutors, judges, soldiers, and officials responsible for providing care and legal assistance to victims of violence (including those working in the area of forensic medicine).” 247. The State indicated that it had offered numerous courses “based on the Human Rights Manual as applicable to policing functions, and on human rights issues and the use of force.” It recalled “that the Academy of the Judiciary” had “developed a comprehensive and continuing system of training, updating, upgrading, certification and accreditation for judges of the Judiciary and for the Public Prosecution Service […] with programs on issues of gender, violence and people trafficking,” and reported that “the National Mechanism for the Prevention of Torture will incorporate the LGBTI population deprived of liberty as a new cross-cutting line of action.” 248. The Court appreciates the efforts made by the State to train personnel in this way. However, it finds it pertinent to order the State to create and implement, within two years, a training plan for agents of the Peruvian National Police, the Public Prosecution Service, the Judiciary and the serenazgo aimed at raising the awareness of members of law enforcement agencies and prosecutors with regard to: (i) respect for sexual orientation and gender expression in their actions involving civilians, especially LGBTI people who report having suffered sexual violence or torture; (ii) due diligence in conducting investigations and judicial proceedings related to discrimination, sexual violence and torture of LGBTI people, and (iii) the discriminatory nature of stereotypes concerning sexual orientation and gender expression and the negative impact that their use has on LGBTI people. The training courses for the police forces should include information on the prohibition to base the measures included in article 205 of the Code of Criminal Procedure on discriminatory reasons, particularly against the LGBTI community. 249. This training plan should be incorporated into the regular training course of the Peruvian National Police, the Public Prosecution Service, the Judiciary and the serenazgo, as well as of any other organ that exercises functions relating to compliance with domestic law. This training must be accompanied by awareness-raising actions 64

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