State violence against the LGBTI community.
(Application no. 28834/19), 16 April 2020
In a very recent judgement in the case of Azul Rojas Marin v. Peru, the Inter-American Court of Human Rights (“IACtHR”) classified as torture the detention and rape of the victim – who identified as a gay man at the time of the events– by police staff, and noted the violence was motivated purely by the victim’s sexual orientation, and therefore could be classified as a “hate crime”. The IACtHR concluded that such discriminatory torture not only breached the victim’s rights, “but it was also a message to all LGBTI people, as a threat to the freedom and dignity of this entire social group”.
ILGA-Europe had made an amicus curia submission in this case highlighting European Court’s approach on the issue of discriminatory torture and access to effective remedies.