The suicide of Diana Aleman, the Venezuelan immigrant criminalized in Peru for having an abortion, is brought to the attention of the UN

She was Venezuelan, 27 years old, worked as a baker and lived in Peru with her two daughters and her partner. But four years ago, the life of Diana Aleman Díaz and her adventure in a country that was not hers was tragically cut short. On July 3, 2020, in the midst of the pandemic, the young woman desperately went to the María Auxiliadora hospital, in the district of San Juan de Miraflores, south of Lima, because she had suffered a spontaneous abortion and urgently needed care. She was only received at midnight because, according to her family, they demanded that she buy ampoules and a series of implements.

The next day, her mother went to visit her and everything indicated that she would be discharged without further complications. But, in the afternoon, from a roommate’s social network, Aleman Díaz contacted her partner, Eudomar Gonzales, and left a message that worried them: “Honey, these doctors are going to call Serenazgo about the abortion. I need you to help me.” On Sunday, July 5, after several hours of waiting, the hospital staff informed them that their patient had died during the early morning. Her body had been found in the basement of the hospital.

It was later learned that Diana Aleman Díaz had fallen from a third floor bathroom window. It is not known exactly how long she remained there, or whether they searched for her for hours and whether no one noticed her absence. What is known is that the hospital attributed her death to suicide, and that throughout this time it has avoided making a clear statement about the case. They even burned her belongings. For her family, the young woman was intimidated and harassed by those who cared for her, and this led to an anxiety attack that apparently no one noticed and whose outcome was fatal.

Recently, a group of associations, led by Project Equality and Green Justice of Peruhave presented the case to the Committee on the Elimination of Discrimination against Women (CEDAW), a United Nations institution, as a measure of force against what they consider to be a death caused by the criminalization of abortion and the violation of professional secrecy. The request has the support of the O’Neill Institute of Georgetown University and Ríos Rivers, an American NGO that provides legal support.

“We are appealing to international bodies to request justice and reparation for Diana’s family (Aleman Díaz) and measures to ensure that no woman or pregnant person in Peru ever experiences what Diana and her family faced again. Among these measures, we are requesting the elimination of the norms that criminalize voluntary abortion,” said lawyer Brenda Álvarez, president of Justicia Verde, who has been following the case since its beginning.

Aleman’s defense maintains that minimum standards were not met during the investigation and that the death of this Venezuelan immigrant was marked by multiple gender stereotypes. With the exception of therapeutic abortion, abortion in Peru is criminalized. There is an article in the General Health Law that requires medical personnel to report women seeking post-abortion care. This crusade calls on CEDAW to urge the Peruvian State to repeal it, but also for the Government to assume its responsibility in this apparent chain of negligence.

“In Peru, abortion is a crime except when it is the only way to save the life of the pregnant woman or to avoid serious and permanent harm to her health. In addition, Article 30 of the General Health Law expressly establishes that, when there are indications of criminal abortion, (the doctor) is obliged to report the fact to the competent authority, thus forcing him to violate professional secrecy and medical confidentiality. The events that caused Diana’s death were a consequence of the joint validity of both norms,” the statement states.

The petition to this UN institution calls for reparation for the bereaved, including regular immigration status, health insurance and access to medical treatment; and also a public apology. And in general terms, the implementation of protocols to guarantee patient confidentiality, the elimination of criminal sanctions for voluntary abortion, and the adoption of training and capacity building actions for health personnel, the police and judicial officials.

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