Three UN human rights experts* expressed their serious concern on Monday for the rights and freedom of Peruvian anthropologist and activist Marcela Poirier Maruenda, who was convicted of aggravated defamation earlier this year, after accusing a former teacher college student of alleged sexual harassment.
Last May, a judge ordered Poirier to pay about $50,000 in damages and sentenced him to one year and eight months in jail.
Before their appeal, which will take place on October 19, the experts warned that, if the ruling of the court of first instance is confirmed, it could have a dissuasive effect on people who denounce sexual and gender-based violence.
“We are concerned that the court ruling that convicted Poirier has not integrated a victim-centered and gender-sensitive approach,” the UN special rapporteurs stressed before the hearing.
They added that “fending off a defamation lawsuit can be costly and stressful, which can lead to potential re-victimization and mental trauma.”
During his visit to Peru in 2020, the previous special rapporteur on the situation of human rights defenders raised What defamation lawsuits encourage strategies to silence or discredit activists and journalists who report violations of these.
In a thematic report issued in July 2021, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression reiterated his concern for him abusive use of the justice system to silence women, particularly through crimes such as defamation.
Likewise, the mandate of the special rapporteur on violence against women and girls highlighted the need to break the cycle of impunity and increase the percentage of prosecution in cases of gender violence.
Following the recommendations of the Committee for the Elimination of Discrimination against Women in its test of Peru last February, the UN experts urged the State to “accelerate the investigation and prosecution of all acts of harassment, gender-based violence against women and discrimination, and acts of intimidation and reprisals perpetrated against defenders of human rights”.
The experts have initiated a dialogue with the Government of Peru on this issue
*Mary Lawlor, special rapporteur on the situation of human rights defenders; irene khan, special rapporteur on the promotion and protection of the right to freedom of opinion and expression Y Reem Alsalem, special rapporteur on violence against women and girls, its causes and consequences.
