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
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