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By Airam Fernández, from Santiago. 

In Chile, there are no formal or informal statistics on hate crimes. The only thing available is a partial compilation of the situation of violence against the LGBTI community, which the Movement for Homosexual Integration and Liberation (Movilh) has been compiling annually since 2002 and publishing at the end of February each year. "There is no official data because, evidently, it's not an issue of interest to the government. We are the only ones who monitor these issues, and we compile everything in our annual report, which we will publish soon," explains Rolando Jiménez, spokesperson for Movilh.

According to the website, from January to December, there were several serious incidents: inconclusive investigations into discrimination and abuse of power and authority in institutions such as the Chilean National Police (Carabineros) and the National Gendarmerie; attacks on emblematic LGBTI sites, such as the arson of a gay nightclub and the beating of a volunteer teacher at a transgender university preparatory school, for which no one has yet been held accountable. Of the most serious hate crimes of 2018, only the stabbing death of a 19-year-old has resulted in justice, with the arrest of the main suspect: a 15-year-old. We have compiled these in this report, which updates the status of investigations into the most high-profile cases of 2018.

#CHILE 2017, year of fury against LGBTI: violence increased by more than 45%

Attacks in prisons

A Colombian trans woman, identified as Vicky Rosas Méndez, who is incarcerated at the Biobío Penitentiary Center in the city of Concepción, was beaten and tortured by three prison guards. The Movement for Homosexual Integration and Liberation (Movilh) made the case public during the first week of January of this year, stating that it is a recurring problem.

In a statement, the organization identified Sub-Officer Jorge González Roa and two captains as responsible. They were only able to identify their last names: Molsalve and Valenzuela. They also formally requested that the then-National Director of the Gendarmerie, Jaime Rojas Flores, investigate this and other similar irregularities at the prison. Rojas Flores resigned two months later, and no progress was made.

In July, the situation was repeated at the La Serena Penitentiary Complex: five gay inmates and one trans woman reported being humiliated for being LGBTQ+, and some for living with HIV. They also stated that the prison guards prevented them from accessing medication.

The trans woman is María del Pilar López Barrera, who before the latest attacks had already won four protection appeals in various courts of the country and two rulings from the Supreme Court; even the Gendarmerie was sanctioned for beating her, insulting her and isolating her.

Ten days after the last attack, the Guarantee Court granted a precautionary measure in favor of López Barrera and instructed the National Institute for Human Rights (INDH) to investigate the sanitary conditions where the victims were being held. In October, López was released, activist Esteban Guzmán stated.

Fire at a gay nightclub: “If they don’t burn here, they’ll burn in hell”

In the early hours of Sunday, May 13, a complaint on the Facebook page of the Frida Kahlo club of Chillán alerted the community: “We were attacked by an Evangelical Church, they threw paraffin at us.”

Jacqueline Ortega, the club's owner, pointed the finger at José Cortés Muñoz, a member of the Vid Evangelical Church and a neighbor. His house is right next door, Ortega explained: “The fire came from his wall onto my terrace. It was his way of showing us his hatred,” she told Presentes.

There were no injuries or major damage, but there was a lot of chaos and despair. They called the fire department, but they didn't arrive. Only a patrol car from the Investigations Police showed up, and Ortega filed a formal complaint with them.

The investigation is ongoing and Ortega says that the Chillán Prosecutor's Office has contacted his lawyer and Movilh, which is also part of the lawsuit, several times.

“What we don’t understand is how this man isn’t in jail. I confronted him and he laughed in my face while telling me that if we don’t burn here, we’ll burn in hell,” said the owner of the place.

READ ALSO #CHILE Arson attack reported against a lesbian nightclub

The homophobic crime of “Josecito”, no arrests made

José Manuel Ferrada Aguilera, 53, better known as “Josecito,” was murdered on Sunday, August 19, in Coihueco, in the Ñuble region. His body was found a few steps from the sports fields of the Liceo Yire school, very close to a party he had attended the previous night. The death certificate lists “complicated brain trauma consistent with blunt force trauma” as the cause of death.

His family sought help from MOVILH (Movement for Homosexual Integration and Liberation) under the hypothesis of a possible hate crime due to his sexual orientation. The organization provided the information to the Support Unit for Victims of Violent Crimes of the Ministry of the Interior, and the Homicide Brigade of the PDI (Chilean Investigative Police) continues its investigation into the case, which is being handled by the chief prosecutor of Chillán, Pablo Fritz. So far, no arrests have been made.

In September, Clara Ferrada, the victim's sister, told the local newspaper La Discusión that although the authorities haven't contacted her family, she tries to call the PDI (Chilean Investigative Police) constantly. "The last time they told me they were looking into a lead," she said, without revealing further details so as not to hinder the investigation.

Homophobic stabbing murder

Felipe Olguín Gómez, 19, was murdered on August 28 at a bus stop near his home in the Puente Alto district. His family reported that the young man had received threats and insults because of his sexual orientation.

A few days after the crime, a 15-year-old was arrested by the PDI Homicide Brigade. Prosecutor Yasne Pastén indicated that he was formally charged with premeditated homicide, with the aggravating circumstance of discrimination under Law 20.609, better known as the "Zamudio Law," which establishes measures against discrimination. And this case appears to be related to his sexual orientation, the prosecutor confirmed.

Jordán, Felipe's partner, recounted that days before the murder, they went out to buy a refrigerator and passed by a plaza where a group of young people were gathered. “There were about four men and three women. As we walked by, they yelled at us, calling us 'faggots' and things like that. We didn't know them. Felipe approached them, and they had a verbal altercation. Nothing more came of it, but three days later, one of them sent him some very disturbing audio messages. He told him he was going to kill him,” Jordán told Presentes. She also noted that since the arrest of the perpetrator, she has gone to the Puente Alto Prosecutor's Office several times to inquire about the progress of the case.

“All I know is that the bastard is in jail while the investigation continues. But every time I’ve gone, they tell me the hearings will take eight months to a year. I don’t understand why it takes so long when there’s evidence proving the threats. And I know that nothing and no one will bring my love back, but I just want justice to be done,” she said.

A lesbian couple attacked in the street and discriminated against by the Carabineros (Chilean police).

Scarlett Campos and Naomi Monsalves, two lesbian women, were attacked by a man on August 25. On her Facebook account, Campos recounted the incident, posting a photo of her broken and bloody ear. “Because I’m a lesbian, I have to put up with thugs who, just because they got a hard-on, come and hurt me and my girlfriend, who’s now part of my family, for defending me,” the 23-year-old wrote. Her girlfriend, Naomi, told El Ciudadano that the attacker is Scarlett’s neighbor: “The guy tried to flirt with me, and I told him I was a lesbian. He got angry, and we had to endure a lot of things.”

Both decided to file a formal complaint with the police at the 66th Precinct in Bajos de Mena, Puente Alto. There, they encountered further aggression: “We arrived at the precinct after they stitched up my ear, and I met two types of officers: one understood my helplessness and tried to make the process more pleasant (…) then a Second Sergeant L. Torres F. appeared (…), he entered in an overbearing manner. Because of my physical appearance, he thought I was a man, and when my girlfriend told him I was a woman, his face changed. He started to berate us and yell at us: ‘Was he the kid whose ear was cut off?’” Scarlett recalled.

Movilh participated in the complaint and on September 11th forwarded the information to the Carabineros (Chilean police), requesting an investigation and a response. To date, they have received no further information. Presentes also attempted to contact the police force, but received no response.

Another homophobic incident involving the Carabineros

On November 3, the Carabineros (Chilean police) arrested a 19-year-old man identified as Fernando Pino Arancibia, along with his brother Cristóbal Pino and a friend, in the city of Puerto Natales. The Movement for Homosexual Integration and Liberation (Movilh) and the young men reported being beaten and subjected to homophobic insults by the authorities.

"We were on our way back home with a friend when I stayed behind to look for some headphones in my backpack and some police officers appeared, threw me to the ground, handcuffed me and put me in a van," Fernando told Radio Cooperativa.

According to his account, they then caught up with his brother and his friend and arrested them as well. “I saw them holding my brother by the neck and strangling him. In my desperation, I kicked the car window. They put the three of us in a van, but they didn't do anything to my friend; they let him go and told him he would be a witness,” he said. At that moment, they beat him and then took him to a hospital: “They dragged me by the hair from the parking lot to the entrance. No one checked us because, according to the police, we were very aggressive. We were only there for five minutes.” Later, at the police station, they took them to a cell. “They called me a faggot and said that men don't cry. No one read us our rights, and it wasn't until around four in the afternoon, during the next shift, that they contacted our mother,” the victim told the news outlet.

Major Alaín Valderrama, of the second police station in Puerto Natales, told ITV Patagonia that they have opened an internal investigation and that if "the facts are verified," they will proceed with corrective measures. Presentes attempted to contact the station but received no response.

READ ALSO #CHILE Activists denounce transphobic attack at LGBT+ club

Homophobia in the Army

In early November, Carlos Fica Henríquez reported discrimination at the 17th Mountain Detachment in Los Angeles, where he served until August.

According to his account, his colleagues knew he was gay, but their supposed acceptance changed when they discovered photos on his alternate Facebook account, where he presented himself as a drag queen using a female name. “They asked me to close all my accounts and hide all evidence of my outside life. Since I liked my job in the Army, I did it. But from then on, a lieutenant started harassing me every day and making fun of me. The atmosphere became very tense and uncomfortable, and I felt terrible. It's not easy being called a faggot every day at your job. After three months, they offered me a discharge, and I didn't accept it. Later, I did give in because the pressure was immense; they assigned me all the 24-hour shifts, I could never see my family, and I think they did that to punish me. I was exhausted and I broke down psychologically,” Carlos told Presentes.

He made it public when he decided to leave the Army and file a formal complaint. “They opened a summary administrative investigation which concluded that this lieutenant should be sanctioned for his discriminatory treatment,” Carlos stated. However, he has not yet been formally informed of the sanctions. Until that happens, Carlos cannot reveal the name of his psychological abuser, on the advice of his lawyers.

READ ALSO Chile: More than 75% of trans people suffer discrimination

Paloma, the country's oldest trans woman, died after an attack

Paloma was the oldest living trans woman in Chile and died on February 14th at the age of 74. She had been hospitalized for two weeks at the San Juan de Dios Hospital in Santiago after suffering a stroke that caused a severe head injury.

Her closest friends and fellow activists reported that Paloma arrived at the hospital after being assaulted by a neighbor. In April, Kathy Fontey, president of TravesChile, filed a lawsuit against those responsible for this crime, which she maintains was a transphobic attack. As evidence, she included a video of Paloma, while she was still conscious, in which she identifies a man named Pablo Plaza as her attacker.

READ ALSO Chile: Investigation into Paloma's murder intensifies

The organization repeatedly denounced the Public Prosecutor's Office for its lack of progress in the investigation and for not even assigning a prosecutor to the case. A few months ago, they were told that a direct relative needed to be formally involved in the case to move forward. “The only relative of Paloma's we know lives in the north of the country and can't come. And according to the courts, the organization can't keep pressing the issue. So for now, that's where things stand. Such impunity is truly regrettable,” Fontey told Presentes.

Following her death, TravesChile spearheaded the creation of the first mausoleum for transgender people in Chile and Latin America,  located in  Santiago's General Cemetery . It has a capacity for 20 people and will prioritize senior citizens or those in vulnerable situations.

Street attack on a young gay man: “I just thought I could be the next Daniel Zamudio”

Diego Torres is 22 years old, studies English pedagogy and is a volunteer teacher at the Mara Rita pre-university course, a course aimed at people of sexual diversity.

During the early morning of November 14, he suffered a serious attack in Santiago's Forest Park. He was walking home when he was surprised by four men: "At first I thought they were going to rob me, but then it turned into a senseless attack, because I didn't have anything of value and yet they threw me to the ground and beat me," he told Presentes.

The young man recalls that, during the beating, they yelled “disgusting faggot” at him: “I was wearing very short shorts and they tried to take them off. It was all very humiliating. Somehow, I mustered up some strength and threw punches back. That's how I managed to get up and run away,” he remembers. “Luckily, I live near the park. But as I ran for cover, all I could think was that I could have been the next Daniel Zamudio,” the victim laments.

He suffered a fracture to his humerus, the bone that connects the shoulder to the elbow. His nose was also broken. He received medical attention, but they couldn't operate immediately. The following day, he filed a report with the First Police Station. However, the case was classified as "robbery with violence" and transferred to the Metropolitan Prosecutor's Office for investigation. Since then, they have only contacted Diego once, to verify his statement.

He recently underwent surgery. To pay off the clinic's debt, which exceeds 3 million pesos (more than $4,300), the Mara Rita prep school launched a fundraising campaign. Last Friday, they also organized a benefit party. “I am very grateful for the way people have helped me, but I also want justice to be served. This cannot continue to happen,” Diego demanded.