Following the deaths of Pamela Macedo Panduro and Angie Velázquez while in custody, the Correctional Court No. 2 of La Plata ordered the Province of Buenos Aires to take concrete measures to guarantee healthcare for transgender and transvestite women in Penal Unit No. 32. "A limit is being placed on the State and the Judiciary regarding detention conditions. If the State does not comply, it will revert to illegal and inhumane detentions," said the lawyer for Otrans.

Illustration: Florencia Capella

A ruling by the Correctional Court No. 2 of La Plata (Buenos Aires Province), signed by Judge Eduardo Eskenazi, deemed the evaluation of the health of transgender and transvestite detainees an “immediate obligation” of the Buenos Aires Province Undersecretary of Penitentiary Policies. It established the medical requirements for those already detained and for those entering the prison. To this end, it mandated a 72-hour period for a medical evaluation, including clinical and laboratory tests, for inmates transferred to Penal Unit No. 32 in Florencio Varela. For those already clinically evaluated, the ruling required a review of the checkups to determine if the diagnostic criteria were met in each case. Pamela Macedo Panduro and Angie Velázquez, who died while incarcerated there, were among those detained. The court order also provided comprehensive healthcare for trans women and transvestites housed in pavilions 9 and 11 of that prison unit.

Maximum time limit at police stations: five days

The judge also set a maximum of five days for the detention of transgender and transvestite women in police stations. He ordered the state to renovate the prison's building to improve the living conditions of the inmates. “The ruling acknowledges the serious deficiencies in the detention conditions of transgender and transvestite women in the province of Buenos Aires. It also identifies the state agencies responsible for remedying the situation, setting deadlines for them to address the human rights violations and prevent them from continuing,” said Luciana Sánchez, a lawyer with OTRANS Argentina.

"99.5 percent prosecuted without conviction"

“99.5% of the trans and travesti women deprived of their liberty in this prison are being prosecuted, without a conviction. They are Afro-descendant and Indigenous migrants from Peru and Ecuador. They are accused of micro-trafficking for small quantities of narcotics. They live in poverty and exclusion, and the vast majority suffer from various chronic illnesses,” she added. The ruling was a response to the protective measures requested by OTRANS Argentina for trans and travesti women housed in Florencio Varela. complaint regarding the deaths of Angie Velázquez and Pamela Macedo Panduro.

[READ ALSO: Demands for Justice for the Death of a Trans Woman Detained in Florencio Varela] 

Marcela Macedo Panduro.

Medication, HIV testing, and double the amount of special diets

“Currently, there are detainees who haven't received their medication or lab results for over a year,” said Luciana Sánchez. The ruling also orders that regular medical checkups be guaranteed, “which should not be subject to the detainee's demands.” It states that the State has the obligation to carry out the usual interventions and periodic checkups according to each pathology, ensuring the provision of the corresponding medication. In the case of people who are HIV-positive, CD4 and viral load tests must be performed within 72 hours, and a one-month period was set for the results. Furthermore, the court order stipulated that this information must be kept confidential. On the other hand, within a period of no more than 10 days, the prison authority It must ensure the provision of special diets, with double portions of meat, fruit and fresh vegetables.

[READ ALSO: Historic ruling: There will be an exclusive pavilion for detained trans and transvestite people]

Psychiatric care protocol

The court order also mandates the development of a protocol to provide psychiatric care to those who request it. “This is a delicate matter because the mental and physical health of the detainees is severely deteriorated by the very conditions of their detention,” noted the lawyer for OTRANS. Penal Unit No. 32 of Florencio Varela. The ruling also orders the regular provision of condoms and personal and facility hygiene items. This measure was extended to transgender and transvestite women housed in the Sierra Chica prison (Buenos Aires province).

"A limit on the State and the Judiciary regarding detention conditions"

“This ruling sets limits on the State and the Judiciary regarding the conditions of detention that must be ensured. If the State does not comply with this ruling, it will revert to illegal and inhumane detentions,” said the lawyer from Otrans.

[READ ALSO: The UN demands that Argentina put a stop to the persecution of trans women and transvestites]

Claudia Vásquez Haro, president of Otrans Argentina, told Presentes that the ruling clearly demonstrates “the neglect and shortcomings on the part of the Penitentiary Service, the police, and the Justice system. They are aware of the chronic illnesses of our colleagues, but they are not receiving timely and appropriate care.” She also emphasized the ignorance of many people regarding the gender identity law. “The state must be held accountable for the deaths of Pamela and Angie. We will continue to demand that their deaths be clarified and prevent other girls from dying under the same circumstances.”