By María Eugenia Ludueña and Ana Fornaro Photos: Ariel Gutraich The verdict in the transphobic murder of human rights activist Diana Sacayán was historic: for the first time in Latin America, the murder of a trans woman was condemned as a hate crime based on gender identity. And although the legal term "transphobic murder" doesn't exist, it was the first time the word "transphobic murder" was used in court. The president of the Oral Criminal Court No. 4, Adolfo Calvete, read the verdict shortly after noon in the same courtroom where the entire trial took place. Family members entered to applause—Diana had 16 siblings, many of whom were present at every hearing wearing t-shirts and carrying signs demanding justice—and those who remained outside followed the proceedings on a screen in the hallways of the sixth floor of the Palace of Justice in Buenos Aires. Say, Diana's brother and a trans man, was one of the main driving forces behind the case and took the reins of the organization MAL (Anti-Discrimination Liberation Movement), founded by Diana. He sat expectantly in the front row, holding hands with Nora Cortiñas, a Mother of Plaza de Mayo, and alongside Darío Arias, from the Commission for Justice for Diana Sacayán, and very close to the trans activists Marlene Wayar, Susy Shock, and Alba Rueda. On a platform in front of his seat, facing the court, Say arranged two small images: one of Gauchito Gil and another of Diana Sacayán. Unlike the other hearings, today the accused, Gabriel David Marino, entered through a special door, located behind the judges' bench, used only by the judges, to prevent him from having contact with the public. Today he didn't smile at the photographers almost defiantly, as he had the first time, but instead stood with his head down and arms crossed. It was as if he sensed that the sentence would prolong his detention for many years in the Ezeiza prison, where he has been held since his arrest in Morón in 2015. The day hadn't started well for him: his lawyer, Lucas Tassara, couldn't attend today's hearing due to a family health issue (his daughter's surgery). But Marino was assisted by other lawyers, a female and a male lawyer, who had been part of Tassara's team at previous hearings. A voice ordered "stand" when the judges entered, a gesture that is still surprising in 2018, given that it is an act of administering justice in which judges are, above all, public servants. And although the court usually omitted this part of the hearings, today almost everyone stood when they entered the courtroom.

The silences and the waiting

The first part of the hearing—scheduled for 9:30 a.m.—was brief and focused on technical issues related to rebuttals and rebuttals. Ariel Yapur, the prosecutor in charge of the case, and Juan Kassargian, representing the INADI (National Institute Against Discrimination, Xenophobia, and Racism) plaintiffs, made their statements. The defense attorney also presented his arguments regarding procedural defects and evidence. Meanwhile, two of the women who worked hardest to bring this case to trial, using the terms it was presented with in the case files—transvesticide, hate crime based on gender identity—Luciana Sánchez, the family's lawyer, and Mariela Labozzetta, from the UFEM (Specialized Prosecutor's Unit for Violence Against Women), remained silent. The same expectant silence that filled the room after the recess, when the court said that it was going to read "the operative part of the sentence", and that the full sentence will be read on Friday, July 6 at 1:30 pm. The silence that preceded the judge's words after twelve hearings, 30 testimonies, months of preparation and more than two years of investigation and mourning. The abysmal silence when it occurs in a room full of activists who have been fighting for more than two years for the murder of a comrade and know that what follows, for better or for worse, draws a path, builds a meaning forwards and backwards. A sigh broke the silence when Calvete began reading the verdict and announced: the defense's motion to dismiss was denied. Huddled together and tense like children sheltering from an impending storm, Say, the activists, and the family members listened: “The court resolves to convict GGabriel David Marino was sentenced to life imprisonment for aggravated homicide motivated by gender violence and hatred of gender identity.” There was applause, but no outbursts or shouts. The air was thick with anguish and pain, immense sadness, the effort it took for justice to reach this point in the death of a trans woman, the victory of having come this far in the trial for all trans women. The relief of an exemplary ruling mingled with the profound sorrow of Diana's absence. And as soon as the court finished reading, a wave of shouts and celebrations erupted from outside.  In the sixth-floor lobby of the courthouse, more than a hundred people watched the live stream and hugged, shouted, and chanted “Diana Sacayán, present!” as soon as the judge read “hate crime.” In the plaza in front of the courthouse, hundreds more listened to the verdict via an open-air radio broadcast.

“The best mistake we could have asked for”

“We are beyond happy with this ruling. It's the culmination of two and a half years of work. Although Diana is no longer physically present, she is here in this. I want to thank everyone,” said Say Sacayán in Plaza Lavalle. “I believe this is the best tribute we can pay to Diana and to all those who were victims of transphobic murders and whose cases have never been brought to justice.”   UFEM prosecutor Mariela Labozetta explained: “The defendant, Marino, was sentenced to life imprisonment for a hate crime motivated by gender-based violence. It was a long, intense, and emotional process for everyone involved. Today, we celebrate in the courthouse as a victory that is the fruit of this process, of the joint work of the Public Prosecutor's Office with the plaintiffs and organizations to achieve this result.” INADI, which became a plaintiff in this case ("we support the family through our legal action"), also celebrated the ruling as "emblematic" and "a historic condemnation, an opportunity that will serve to highlight the problems of such a vulnerable group."   “Everything that colleagues like Diana Sacayán taught us, we were able to put into practice today so that this sentence is exemplary and favorable, the best we could have had. The sentence we achieved today was the best we thought we could have.” It was the best sentence to achieve justice.“We followed them to the letter,” said Darío Arias of the Justice for Diana Commission. He recalled that Lohana Berkins, the trans activist who died in 2016, had left precise instructions on how to proceed with the trial. “We followed them to the letter,” Arias said. He also acknowledged the enormous work of Say Sacayan, who led the process, and Luciana Sánchez, the prosecuting attorney and another crucial figure. “Today we can say that Diana must be proud of each and every one of us. We lived up to what she deserves.” Why is this a historic and significant ruling? Luciana Sánchez recalled that the ruling recognized two things they had requested: the conviction of one of Diana's murderers, acknowledging that one of the motives was her trans identity and her status as a human rights defender. “We achieved a conviction under Article 80, section 4 (hate crime based on gender identity), and also under section 11 (gender violence), which is classically known as femicide, when a man kills a woman through gender-based violence. We believe it is very important to recognize that trans and gender-diverse women not only have the right to have their gender identity be a source of pride and courage, and not a reason for murder, but that we all have the right to live a life free from gender-based violence.” It's the best mistake we could have made. Say Sacayán has been asking for this from the beginning. We did it with colleagues from UFEM and DOVIC (Directorate of Guidance, Support and Protection for Victims). They hThey made it possible for Diana's friends and activists like Amaranta Gómez Regalado to be here testifying; we achieved this: the legal registration of an issue that is gaining ground socially and politically, also in the justice system." 

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