Buenos Aires: Two charged in homophobic attack at Pride March 2017

Two men were prosecuted for the crime of repeated minor injuries, aggravated by having been committed out of hatred for sexual orientation.

Judge Paula Petazzi of Criminal and Correctional Court No. 11 indicted two men accused of a homophobic attack against three young gay men during the dispersal of the 26th LGBTIQ Pride March , held on November 18, 2017, in the City of Buenos Aires. They are accused as co-perpetrators of the crime of repeated minor injuries, aggravated by having been committed out of hatred based on sexual orientation.

“It’s a great step forward. For the first time, the justice system is listening to us in a different way. I feel a mixture of surprise and relief,” Martín Pose, one of the young men attacked, told Presentes.

“To continue with even more strength”

Martín recounted that in his 31 years he had never suffered an attack because of his sexual orientation. “It was a shock, and it helped me to continue with everything I do with even more strength. I'm an actor, and I put many things from what happened into my play,” he said.

The attack took place on Montevideo Street, between Rivadavia Avenue and Bartolomé Mitre Street. There, a group of homophobic men emerged from a house and, shouting “degenerate faggots,” struck three gay men with a hockey stick and threatened them as they were leaving the march. Within minutes, dozens of people gathered at the scene to condemn the attack.

The lawyer and lesbian feminist activist Luciana Sánchez is leading the victims' case in the legal process, and the organizations 100 per Ciento Diversidad y Derechos and the Argentine Homosexual Community (CHA) are supporting the demand for Justice.

The commitment of the witnesses 

“This judicial decision was achieved thanks to a group of comrades who mobilized . They were the ones who filmed and gave their testimonies at the police station and later in court. This is how the accused were identified. The witnesses were not only present on the day of the homophobic attack, but they also testified during several hearings, answering every question. Because for them, it was important that justice be served,” said Luciana Sánchez. She added: “There is still a long way to go, but it is important that we go from zero to two in one year. We had one conviction—referring to the ruling for the transphobic murder of Diana Sacayán —this prosecution, and we can also include the ruling that convicted the attackers of rugby player Jonathan Castellari .”

[READ MORE: An international award for the ruling in the Diana Sacayán transvesticide case ]

The justice system must recognize the true reasons behind these crimes and understand that it must begin treating us as true subjects of law. This case began with a judge who didn't investigate anything and dismissed the charges. But with a new judge and working together with organizations, we were able to reverse that decision,” said Sánchez.

"It happened at a march where dissent is celebrated."

“From the moment I saw what happened, I felt a lot of outrage because it was a hate crime against the LGBT community. It happened to them, but it could have happened to any of us. I’m so glad that several of us met at the police station to file a report. And what’s shocking is that this attack happened at a march celebrating diversity ,” said Lucía Cabrera, one of the young witnesses.

“We worked meticulously to highlight the importance of this case, not only because of the aggravating factor of hatred toward diversity, but also because it occurred in the context of the Pride March, the most important political event for the LGBT community, in a context where social demonstrations are being repressed ,” Greta Pena, president of Ciento Por Ciento Diversidad y Derechos (One Hundred Percent Diversity and Rights), told Presentes. “We want to go to trial. We don't want a plea bargain because we want to participate in the debate and continue establishing legal precedent regarding hate crimes.”

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