Analía de Jesús has been detained since October, when a gang savagely attacked her. "I'm going to make you feel like a woman, lesbian," one of the attackers told her. They were about to rape her when he stabbed her. The Gender Ombudsman's Office and social and political organizations denounce irregularities in the case and lack of access to justice. By Paula Bistagnino Photos: Justicia x Higui Facebook and Google. (#BUENOSAIRES) — Eva Analía de Jesús has been imprisoned since the night of October 16, accused of stabbing Cristian Rubén Espósito in a house in the Mariló neighborhood, in Bella Vista (Buenos Aires province). When police from the Second Precinct arrested her, the 42-year-old woman—"Higui," as family and neighbors call her—was almost unconscious and unable to move, with bruises on her body and her clothes torn. The next day, in her statement, she said that several men attacked her with kicks, told her they were going to rape her, and tore her clothes; that she defended herself as best she could. And that she was carrying a knife because she had already been attacked in that neighborhood for being lesbian. But the court doesn't consider there are grounds for considering self-defense. As the case stands, she could be sentenced to 25 years in prison. "It's a terrible case that highlights homophobia and the lack of access to justice: they mistreated her at every stage, no witnesses were sought, no socio-environmental report was made, no clothing appraisal was performed, no medical examination was given," says Carolina Abregú, a representative of the Gender Ombudsman's Office of Malvinas Argentinas. From there, she managed to get the case publicized a few days ago. The case so far has Analía's only statement—four pages—and those of three witnesses, whom she identifies as the attackers.

Working table for the cause

“I felt like he wasn't just hitting me, but two or more, because he was kicking me a lot. I wanted him to leave because I was on the ground. I got scared when they ripped my pants, because I thought they were going to rape me,” Analía said in the only statement taken from her by prosecutor Germán Muñoz of the 25th UFI of Malvinas Argentinas the next day. To defend herself, she grabbed a knife and struck him in the chest, causing a fatal wound. In recent weeks, social and political organizations—including Pan y Rosas, Folk, the LGBT Defense Office, La Cámpora, Diversity of the municipality of Hurlingham, the Association of Transvestites, Transsexuals and Transgenders of Argentina (ATTTA), Tortas de barrio, the Argentine LGBT Federation, Las Fulanas, the MST, and gender advocacy groups—formed a working group to demand justice and support the family, who had received no counseling. The working group wants to understand why the case is in the state it is in. How it came to be that, despite the evidence, Analía's legitimate defense is not considered. "The officers at the Second Police Station in San Miguel, who arrested her, didn't take into account what she said. And there's the family's lack of knowledge of how to act, their fear of going to file a complaint," Abregú told Presentes.

"In that neighborhood, she had been attacked for being a lesbian."

Analía says she stopped by to say hello to a friend at his house in the Mariló neighborhood, an area of ​​precarious streets and housing on the border of the San Miguel and Moreno districts. She stayed for a while. When she saw that Espósito—her friend's brother-in-law—was there, she decided to leave. She'd already had problems with him; he attacked her for being a lesbian. "She was carrying a knife because she'd been attacked in that neighborhood many years before, for being a woman and a lesbian. That time, they chased her away and stabbed her in the back. And while she was in the hospital for treatment, they set fire to her house. She had to move," Azucena Díaz, her sister, confirms Analía's testimony. She said she carried the knife "out of fear, because kids are mean and don't like lesbians" and that she had decided not to report the previous attack for fear that something would happen to her sisters and nephews in the neighborhood, and that she would have to defend herself. Analía recounted the attack in the case file: “When I was halfway down the hallway, he grabbed me and said, 'I'm going to make you feel like a woman, a bitch, a lesbian.' Then he threw me to the floor. Imagine the man's strength against that of a woman. He kicked me all over my body, and when I saw that he was ripping my pants and boxers in the vaginal area, I couldn't stand the kicks anymore. I don't know where I got the courage from, and I pulled out the knife that was between my chest…” In the following days, several of Espósito's friends threatened Analía and her family on Facebook: “If you don't pay for it in jail, you'll pay for it outside.” This was also the case with the main witness, Antonio Baso, whom she points to as one of the attackers.  

They denounce mistreatment and irregularities

“Higui” had never been detained. She was born in Haedo, the third of eight siblings, raised in the northwest suburbs of the city, and had lived for years in Bella Vista, San Miguel district. Previously in the Mariló neighborhood—where the latest attack occurred—and now in Barrufaldi, nearby, on the banks of the Reconquista River. “She suffered discrimination all her life for being lesbian and poor. That prevented her from doing many things. She always struggled and worked to survive. Now she lived by gardening, mowing the lawn, and collecting cardboard. She struggles, she doesn't have a steady job,” says Azucena, the sixth of eight siblings and the one who led the family in demanding justice. “We are poor and ignorant. As soon as this happened, we had no counseling and didn't know how to move. Analía was afraid to report the crime to protect us.” Another sister and my daughters live in that neighborhood.” Azucena visits her in prison every Friday and receives her firsthand account. Supported by the working group, the sister reports a series of irregularities: that she was mistreated and degraded both at the Second Police Station in San Miguel (where she was held in a cell), and when she testified at 3:30 p.m. the following day—less than 24 hours after the incident and without any verification of her fitness. During that statement, the sister says, Analía was still confused and in pain. Not even the assigned public defender, María Luba Lazarczuk, was present, but rather a legal assistant from the Public Defense Department—as stated in the minutes. “The defense attorney is on leave, and they won't let us hire a lawyer until she returns. My sister has been charged, from the outset, with simple homicide. There was never any talk of self-defense,” Azucena points out.  

Without medical attention

Another complaint is that Analía, despite the obvious bruises, went without medical attention for a week. The day after the incident, when the prosecutor took her statement, a forensic expert saw her. According to Azucena, he only took photos, not examined her. This is despite the defense's urgent request for medical attention to confirm back injuries and evaluate a severe headache. "The prosecutor treated her badly, and he didn't believe her from the start and dismissed the case. He says, like Espósito's family, that she killed him out of treachery. The police found her unconscious on the floor. If that were true, who beat her? Who tore her clothes? They beat her savagely: on the face, head, arms, kidneys, back, buttocks, waist, legs," says Azucena.

"Almost closed: simple homicide"

It wasn't until a week later—when she was transferred to the San Martín women's detachment, where she is being held—that she was taken to the hospital because she had a fever and continued pain. Nor were tests performed on her clothing, something the defense had requested on October 17, as recorded in the statement. This information was confirmed by this agency at the 25th UFI (Fiscal Investigation Unit) of Malvinas Argentinas. A source with access to the case admitted that, although evidence and elements are lacking, "this is almost closed as simple homicide, because there are no witnesses or information to confirm Analía's version. Everyone says she went looking for him to attack him."  

Between six and ten attackers

Although Analía speaks of "two or more men" in her statement, through her sister, she claims this is not what she told the prosecutor on October 17. She couldn't count the number of assailants, saying there were more, between six and ten. "The night they took her to the police station, they made her sign a paper she couldn't read. She only saw that it said 'Homicide.' They laughed at her, insulted her, and told her not to make a fuss, that they hadn't done anything to her. Now she was able to see her statement and says it's not what she said. They didn't advise her. She has no knowledge of laws or rights. This is the first time she's set foot in a police station." Three months have passed since her arrest, and her family says they have had no contact with the public defender, Lazarczuk. They went to see her in person at least three times. "We left her our address and phone number, but she never called." It was only last week that Analía's family was able to access a copy of the case file. It was through the intervention of the organizations and provincial representative Lucía Portos (La Cámpora), who personally took on the case. They were able to meet with a substitute defense attorney who explained the status of the case to them.

"Imprisoned for being a woman, poor, and lesbian"

One of the things they criticized the deputy defense attorney for was that the court decided to practically "close" the case without investigating and that they asked Analía's family to bring them evidence and witnesses. "Do you know what they responded to us? That they don't have the necessary means to collect evidence in these types of circumstances..." Abregú points out. For her, it's difficult to expect justice when public defenders, prosecutors, and the courts operate with whatever they find at the time and place. "They didn't look for witnesses, they didn't collect evidence, or prepare a socio-environmental report. It's shameful and terrible. Every time we have a case like this, it's the same. Because it's full of 'Analías,' all the time, and we want justice for her, of course, but also to serve to make visible what happens to a poor, lesbian woman; conditioned first by society and then by institutions."   Follow Presentes: Twitter @PresentesTLGBI Instagram: PresentesTLGBI Facebook: https://web.facebook.com/presentesTLGBI/  ]]>