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By Lucas Gutiérrez 

The court granted a writ of habeas corpus ordering the Ezeiza Penitentiary Complex I to maintain a separate wing for gay men. Wing B of Module V was housing heterosexual inmates, which posed a danger to the gay prisoners. “The gay incarcerated population is a vulnerable group,” stated the National Penitentiary Ombudsman's Office. The decision was made by Federal Criminal and Correctional Court No. 1 of Lomas de Zamora, presided over by Judge Alberto Santa Marina.

The problems began in April of this year, when 18 people were transferred. “The heterosexual population insults us; for example, if I'm kissing my partner, they say 'what a fucking faggot.' We have these problems with heterosexuals. I shower inside my cell because I'm afraid they might do something to me,” states an inmate, whose identity is being withheld, in the resolution requesting that this transfer be reversed.

The legal request was filed by these gay men accompanied by the Prison Commission of the National Public Defender's Office.

[READ ALSO: A ruling urges guaranteeing the health of trans and transvestite people detained in Florencio Varela]

Josefina Alfonsín, Advisor to the Gender and Sexual Diversity Team of the National Penitentiary Ombudsman's Office, told Presentes: “We submitted a report with a survey of the situation and the recommendations made by the Ombudsman's Office regarding housing for gay men. This time, there was no physical violence, but there are instances of symbolic violence in terms of harassment, verbal abuse, and intimidation. We are aware of previous situations in which gay men were housed in common areas, and incidents of sexual violence were reported to the criminal courts.”

A matter of human rights

The ruling cites the Yogyakarta Principles, a set of recommendations on how to apply international human rights law to matters of sexual orientation and gender identity. These principles state that states must guarantee the participation of persons deprived of their liberty in decisions regarding the appropriate place of detention in accordance with their sexual orientation and gender identity.

“I think it is essential that the group of gay men, whose detention conditions were aggravated and who feared for their physical safety, were heard,” adds Alfonsín, who also notes that there are gay people detained in the Intake Module who are not being transferred to Module V Pavilion B due to a lack of free spaces, which are currently occupied by heterosexuals.

The resolution states that during the hearings, some voices, such as that of the head of the Treatment Area, Subprefect Diego Hernán Domínguez, argued: “We cannot consider sexual orientation as a classification criterion for housing inmates, because we believe that would be discriminatory.” To reach a final decision, the court requested that the National Institute Against Discrimination, Xenophobia, and Racism (INADI) prepare a report on the situation.

[READ ALSO: Historic ruling: house arrest for a trans man to “prevent cruel treatment”]

Lidia Pérez is in charge of the Human Rights Program for Incarcerated and Released Persons at INADI and told Presentes:

“When we arrived, the major conflict seemed to have passed, but some vestiges of violence remained. In interviews with the population, both heterosexual and gay people expressed feeling uncomfortable.”

While the resolution issued by the Lomas de Zamora court orders the director in charge of the Ezeiza prison complex to comply with this division and reverse the transfers, the National Penitentiary Prosecutor's Office issued a statement saying that they would follow up to ensure compliance.