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The IBA’s response to the situation in Ukraine
The International Bar Association's Human Rights Institute (IBAHRI) welcomes the decision of the Inter-American Court of Human Rights that determined Peru's responsibility for the arbitrary arrest and rape of a transgender woman . The decision , issued on April 6, 2020, is the first by the Inter-American Court on a complaint of discriminatory torture against a member of the LGBTQI + community.
In 2008, police officers from the northern region of Peru undressed, beat and raped Azul Rojas Marín , in addition to making disparaging comments about her sexual orientation. State prosecutors dismissed his criminal complaint against police officers. In November 2019, IBAHRI filed an amicus curiae before the Inter-American Court. The amicus examined discrimination as a purpose of torture, and addressed the state obligation to investigate acts of violence against members of the LGBTI + community. The document was based on regional and international jurisprudence, as well as the gender-inclusive interpretation of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment..
The IBAHRI co-chair, the honorable Michael Kirby AC CMG , commented: “The IBAHRI commends both the judgment of the Inter-American Court that makes Peru responsible for the discrimination against a torture victim of the LGBTQI + community and the measures adopted to prevent an crime of such brutality reoccur. With its decision and its foundation, the Inter-American Court has demonstrated its leadership not only in the inter-American region, but throughout the world, where there is a pressing need to promote new approaches towards transgender people, whose humanity and human dignity are violated by all. days ” .
In this historic ruling, the Inter-American Court held that the detention of Ms. Rojas Marín was "manifestly arbitrary" and that in 2008 she was subjected to an act of torture at the hands of the Peruvian police authorities. The Court has ordered the Government of Peru to pay damages, to provide the victim with medical and psychological care, and to promote a series of measures to prevent similar crimes from occurring in the country. The measures include a new protocol to investigate attacks against the LGBTQI + community; monitor the statistics on violence against the community, and design and implement a training and awareness plan on violence against LGBTQI + people aimed at representatives of the State.Inter-American Convention on Human Rights .
IBAHRI co-president, Anne Ramberg Dr jur hc , stated: “The Judgment of the Inter-American Court of Human Rights against the Peruvian state authorities is of enormous importance for the LGBTQI + community in the Americas, since it consecrates the human rights of the people belonging to this group in the region. We are proud of IBAHRI's contribution to this case, and we welcome the judgment of the Inter-American Court, as well as its initiative to launch a training program against discrimination. Following the discouraging sentences recently issued in Singapore, this case renews IBAHRI's hopes that courts around the world will uphold the fundamental freedoms that protect LGBTQI + people from discrimination . ”
Notes to the Editor
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