necessary expenses.302 Furthermore, this must be provided in the centers nearest to her place
of residence,303 for as long as necessary. The psychological and/or psychiatric care should also
take into account the victim’s particular circumstances and needs, as agreed with her and
following an individual evaluation.304
237. The beneficiary of this measure has six months from notification of this judgment to
confirm to the State that she agrees to receive psychological and/or psychiatric care.305 And
the State has three months from the reception of this request to provide the psychological
and/or psychiatric care requested.
D.
Guarantees of non-repetition
D.1 Adoption of a protocol on investigation and administration of justice
in cases of violence against LGBTI people
238. The Commission asked the Court to order the State to adopt “legislative, administrative
and any other measures to ensure access to justice in cases of violence against LGBTI people.”
The representatives requested, as a guarantee of non-repetition, that the Court order the
State to implement investigation protocols and the services of experts and of justice to combat
prejudice-based violence against LGBTI people, providing an annual report on the
implementation of this measures for four years. They also requested implementation of
specific guidelines for police personnel and members of the serenazgo on proper and nondiscriminatory treatment of the LGBTI community.
239. The State advised “that it had been adopting measures in its different entities to prevent
and eradicate discrimination and violence against LGBTI people.” It highlighted the adoption
of the National Gender Policy and “the Protocol of the Peruvian National Police for the
protection and care of victims and witnesses of people trafficking” that had a gender-based
approach that included the LGBTI population. Regarding the Peruvian National Police, the
State had recently adopted the Manual of Human Rights applied to Police Work on August 13,
2018, which contained a “chapter on victims and vulnerable groups that describes factors that
police personnel should take into account when dealing with situations that involve […] the
LGBTI community.” In the area of the administration of justice, the State advised that it had
established the Judiciary’s Gender Justice Committee and had adopted the “National Plan for
Access to Justice by Persons in a Situation of Vulnerability-Judiciary of Peru 2016-2021.”
240. The State also indicated that the Institute of Forensic Medicine and Forensic Sciences
attached to the Public Prosecution Service had two protocols that were applicable in cases of
violence: (i) Guidelines for the comprehensive appraisal of bodily injuries by the forensic
physician, and (ii) Guidelines for the appraisal of psychological harm in adults victims of
intentional violence, which incorporates the Istanbul Protocol into the practice of forensic
Cf. Case of Poblete Vilches et al. v. Chile. Merits, reparations and costs. Judgment of March 8, 2018. Series C
No. 349, para. 231, and Case of Montesinos Mejía v. Ecuador. Preliminary objections, merits, reparations and costs,
supra, para. 232.
302
Cf. Case of the Las Dos Erres Massacre v. Guatemala. Preliminary objection, merits, reparations and costs.
Judgment of November 24, 2009. Series C No. 211, para. 270, and Case of Montesinos Mejía v. Ecuador. Preliminary
objections, merits, reparations and costs, supra, para. 232.
303
Cf. Case of the Las Dos Erres Massacre v. Guatemala. Preliminary objection, merits, reparations and costs,
supra, para. 270, and Case of Díaz Loreto et al. v. Venezuela. Preliminary objections, merits, reparations and costs,
supra, para. 153.
304
Cf. Case of Rosendo Cantú et al. v. Mexico. Preliminary objection, merits, reparations and costs, supra, para.
253, and Case of Montesinos Mejía v. Ecuador. Preliminary objections, merits, reparations and costs, supra, para.
232.
305
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