The trial for the transphobic murder of Diana Sacayán has been postponed: it now begins on March 12.

The public trial for the murder of Diana Sacayán, a trans activist and human rights defender, was scheduled to begin this Friday, February 16. However, today the Criminal and Correctional Court No. 4 of the Autonomous City of Buenos Aires announced that the start date has been postponed until next month. The first hearing will be on March 12.

February 14, 2018

The remaining hearings are scheduled for March 12, 19, and 26, and April 9. Sources connected to the case confirmed to Presentes that the trial was postponed due to bureaucratic issues. Last week, the Forensic Medical Corps conducted an examination with expert witnesses to determine if David Marino—the accused—is fit to stand trial, but as of today, the medical team had not yet sent its report to the court. So far, the forensic examinations have identified a 23-year-old man as the perpetrator of the crime. David Marino is accused of aggravated homicide with premeditation, hate, and gender-based motivations. He is the sole defendant in the case, while the investigation continues to identify other perpetrators. Today, the Court also decided to extend his pretrial detention for four months, until June 27, 2018. This means he will attend the trial in custody until a verdict is reached. Diana—an activist, leader of MAL (Anti-Discrimination Liberation Movement), and alternate secretary of the International Lesbian, Gay, Bisexual, Trans and Intersex Association for Latin America and the Caribbean (ILGALAC)—was found dead on October 13, 2015, in her apartment in the Flores neighborhood, where she lived with a friend. She had been stabbed 13 times. The lawsuit in the trial for the activist's murder is being led by Diana's brother, Sasha Sacayán, coordinator of MAL, and the family; they are represented by lawyer Luciana Sánchez of the Collective for Diversity (COPADI). "I am very shocked by the news of the postponement," Sasha told Presentes. Last week, the Court of Cassation confirmed that INADI (National Institute Against Discrimination, Xenophobia, and Racism) will also be able to participate in the trial as a plaintiff. “This trial will be historic because it is the first time the death of a trans woman is being investigated as a hate crime, and it is framed within the structural violence to which thousands of trans and gender-diverse people are subjected. It is a momentous process because it concerns Diana, who was one of the most important human rights defenders in our country. We hope that this trial will culminate in an exemplary sentence and recognize that Diana's brutal murder was a transphobic hate crime,” Sasha Sacayán stated in a press release issued last week by the Commission of Family Members and Comrades for Justice for Diana Sacayán – Stop Transphobic Murders. “The participation of one of the accused is not in question. We know there were two murderers. We want to know who the other one is. We need the investigation to remain open to clarify what happened. That is what Diana deserves, and what we all deserve,” said lawyer Luciana Sánchez. “There is a lot of prejudice in the justice system; the fact that we are even talking about transphobic murder is a great achievement. It is important that there be justice for Diana, not only for her friends and family, but it is important for democracy.”

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