By Alexis Oliva – from Córdoba —“There is hope that justice can be served,” says Lara Godoy as she walks through downtown Córdoba, holding a sign with other trans women that reads: “#JusticeforAzul,” during the 3rd March Against Transvesticide and Transfemicide. Azul Montoro, 23, originally from Villa Mercedes, San Luis, was her best friend, with whom she shared the struggle for survival in the “red-light district” of the Mercado Norte (North Market). While Lara was traveling, her almost-sister was looking after the apartment where she was murdered with 18 stab wounds in the early morning of October 18, 2017. On Wednesday, July 31, at 9:00 a.m., the trial of Fabián Alejandro Casiva, 23, will begin in Córdoba. He is accused of “aggravated homicide due to gender-based violence,” that is, femicide. The classification, unprecedented in the legal review of hate crimes against transgender people, was proposed by investigating prosecutor Guillermo González and upheld by the Court of Appeals. It was based on “a relationship of inequality and asymmetry” and on the attack being motivated by “the victim’s diverse sexual identity,” as prosecutor González explained to Presentes. Casiva is also accused of violating Law No. 14346, which protects animals from acts of cruelty, for having also stabbed Lara’s poodle. He is further charged with “theft during a calamity” for stealing Azul’s cell phone, which allowed for his capture a few hours after the crime when he answered a video call.

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Based on the evidence and testimonies placing him at the scene of the crime, there is almost no doubt about his guilt. In any case, his criminal responsibility will be debated at the trial, a matter that was questioned during the investigation, since Casiva had been declared not criminally responsible for psychiatric reasons in a previous case of gender-based violence against his mother and sister. Furthermore, an initial expert evaluation conducted after Azul's murder deemed him unaware of his actions. However, this assessment was refuted by a subsequent expert evaluation, which was later upheld by the appeals court.

READ MORE: Accused of murdering the young trans woman Azul Montoro, to stand trial for femicide

“It’s not going to be an easy trial.”

The oral and public trial against Casiva will be held in the Criminal and Correctional Chamber of the 9th Nomination, presided over by Judge Gustavo Rodríguez Fernández, and with popular juries in the Courts II building (Fructuoso Rivera 720). Prosecutor Gustavo Arocena will lead the prosecution. The defense will be handled by court-appointed legal advisor Javier Rojo. Azul's family will be a plaintiff, represented by attorney Tomás Aramayo. Just hours before the trial begins, the attorney is confident in the "commitment of the entire judicial system to ensure a positive outcome." However, he notes: "It won't be easy, because in addition to the social aspect of workplace discrimination against trans women, the trial will highlight urban violence and the vulnerability of the trans community. It will also expose the shortcomings of the judicial system regarding psychiatric and psychological evaluations."

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In that regard, Aramayo, the lawyer representing Azul's family, recalls that the initial expert evaluation that declared Casiva not criminally responsible "was done in twenty minutes, and to overturn it, the defense had to present expert witnesses who provided very solid evidence that he was aware of his actions. The defense will surely argue that he doesn't understand his actions, but in reality, he does understand and is feigning it." Regarding the aggravating circumstance of gender-based violence, Aramayo announced that two new witnesses, neighbors of Casiva's family, will testify at the trial: "They will testify that he beat his mother and sister. And although they could recuse themselves because they are family members, the sister and mother themselves testified during the investigation and will testify again at the trial that Casiva was a drug addict and had a violent streak." Furthermore, there is contextual data that “suggests that Azul rejected Casiva, that he showed her money and convinced her to go to the apartment, but then he didn't want to pay her, she rejected him and that's why she reacted violently.”

We are not dangerous, we are in danger! 

On Thursday, July 25, the fourth anniversary of the murder of trans woman Laura Moyano, the 3rd March against #transvesticide and #transfemicide took to the streets of Córdoba. “To exist is to resist, trans memory!” was the slogan. The march also demanded “childhoods free from violence, job inclusion, comprehensive trans healthcare, and abortion for pregnant people.” “Sir, Madam, don’t be indifferent! Trans women are being killed right in front of everyone!” chanted some 600 people as they marched through a freezing drizzle. Among them were the family members of Laura, who was strangled with a cable and beaten to death on July 25, 2015, at a construction site in Villa Allende Parque. Laura was 35 years old, the age that statistics indicate as the limit of life expectancy for trans women in a context of exclusion and violence. “Today marks four years since her murder. We have no one held responsible, and no one has been arrested. So, we are here demanding that the State take responsibility. The murderer walks free, and we are here shouting. And Laura is not the only one. We are marching here for her and for all the cases that remain unpunished, because they continue to kill us and they continue to discriminate against us,” said Soledad Moyano, Laura’s sister.

They are calling for people to attend the trial

The case of Azul Montoro could become a landmark that allows us to reverse this reality. On the eve of the trial, a document written by Azul Montoro's family and friends and signed by several dozen trans and feminist leaders states:In Argentina, only five cases of homicides against trans women and transvestites have been prosecuted and resulted in convictions for their perpetrators; all the other countless deaths have gone unpunished. And without justice. In this country where we die silently, forgotten by the State and society, we ask for the support of the green wave, of that feminism that knew how to shout in the streets 'legal, safe, and free abortion', 'comprehensive sex education', 'church and state, separate affairs', 'Not one less', etc. It is to you that We ask for your sisterhood and empathy to support our comrade Azul Montoro during her trial. She was a sex worker, a woman, poor, and discriminated against by this society.”.

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The document calls for people to attend the trial starting on July 31st at 9 a.m. at Fructuoso Rivera 720, Córdoba. In another passage of the text, they denounce: “As a trans community, we are subjected to a context of constant gender violence. Our life expectancy is lower than 35 years, as we are endangered by this silent genocide that has claimed the lives of 46 trans women so far this year, victims of chronic illnesses, lack of comprehensive healthcare, and transvesticide-transfemicide-femicide. We are not dangerous, we are in danger!”

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