Peru's Constitutional Court ordered Police School to accept expelled Gay Student

Peruvian Police. Photo by The New York Times

In a legal decision without precedent, the Constitutional Tribunal of Peru ruled yesterday in favor of a Police academy male student, who was expelled after graduate students accused him to his superiors of having sex with another male student.

The student who goes by his initials CFAD, filed a suit against the school and denied having sex in the school but he hasn't denied being gay. The ruling is clear on saying that homosexuality is not a reason for anyone to be expelled from the police or the military in Peru.

Blog de Lima Gay posted these excellent news today via EFE and Peru.com, this is my translation:

Constitutional Tribunal ordered the National Police to receive student who was separated for homosexuality

Decision will be held says President of Council of Ministers.

EFE - Peru.com December 10, 2009

The Constitutional [Tribunal] Court (TC) in Peru resolved that homosexuality is not an impediment to be part of the police and military forces, when ruling on the case of a student who was separated of a police school for having sex with a male partner, judicial sources confirmed today.

The “homosexual condition” of a person cannot be seen "as a handicap on his/her moral, professional, mental or physical qualities", states the court decision issued yesterday.

"In this sense, the sexual preference of an individual cannot be a requirement or condition to determine his/her capacity or professional competence, including the police and military career. To state this is not only anachronistic, but it violates the principle of human dignity" adds the ruling.

Thus, the judges at the Second Chamber of the TC accepted the defense suit presented by a student identified with the initials CFAD against the Technical School of the National Police in the Lima’s district of Puente Piedra, who was expelled from the institution for alleged homosexual acts.

A court spokesman said today to EFE that although the votes of the judges “dissent in fundamentals”, but they agree that the punishment “had violated the student's right of defense" during the disciplinary process against him.

On October 13, 2003 a group of former students of the Police school, accused the student CFAD to his superiors of having homosexual relations with one of their classmates.

The resolution, which ordered the reenrollment of the student to police school, said that in this case there has not been proof that the mentioned students have had sex within the school facilities, because if that had been the case, they should be punished according to the institution rules.

Similarly, the decision states that "the administrative process against CFAD has the intention to separate him from the police due to his apparent homosexual condition."

Premier says he will abide TC ruling

The president of Council of Ministers, Javier Velasquez-Quesquen said that he will respect the decision of the Constitutional Tribunal even if he disagrees. Velasquez-Quesquen says that by accepting the verdict of the CT ensures the institutionalization of Peru’s democratic system.

"This is a democratic state with a rule of the law, and rather we like it or not we the authorities have to respect the decisions of the courts," he said.

The ruling is pleasantly surprising but in a country of overwhelming machismo mentality like Peru, it's obvious that Minister Javier Velasquez-Quesquen is really trying to say "I support the ruling but... just in case, I'm not gay or a gay-supporter...". So typical.

Also when the students were punished, we have to consider that the expelled student was the “receiver” in the sexual relationship. The other student was not punished nor considered homosexual. In Peru, like many other countries in the world with chauvinist societies, a “masculine” man who has sex with openly gay men is still considered as heterosexual as long as he plays the “giver” dominant role, at least in appearance.

Finally, there are reasons to be concerned about the future of CFDA -my deepest respect goes to him- when he returns to school. About this and other issues to consider, Jorge Alberto Chavez, a member of the Movimiento Homosexual de Lima said by Facebook:

Certainly... a sexual relationship rather be gay or heterosexual involves two people but in the dominant male vision in the armed forces the passive person is the "fag" ... the other man is just taking advantage of the opportunity to "get it in" and anything goes (since no women are nearby).

Hopefully they will treat him well inside the school, his comrades and officers, if he wanted to return is because he must be confident he can withstand what is to come. I think so, but it would be very important to do some monitoring in the future, no?

The guy is brave on returning to school, it's hard for anyone to "monitor" if anything happens to him, but in the other hand they might prefer to leave him alone so he won’t file another suit (hopefully). In any event [CFDA] he has become a pioneer leading the way to stop the machismo and homophobia in the Peruvian armed forces and police.”

Thank you CFDA for your courage and please stay strong, we will watch for your safety.

Thanks to the members of the Peruvian Constitutional Court for this important ruling that sets a historical reference towards promoting equality and respect for civil rights of Lesbian, Gay, and Bisexual and Transgender people in Peru.


.