By Airam Fernández

In Chile, there are no formal or informal statistics on hate crimes. The only partial compilation of the situation of violence against the LGBTI community is done annually by MOVILH and presented in a report published in March. Aware of this situation, the Public Prosecutor's Office created the Observatory of Violence against LGBTI People in May. Presentes contacted the Prosecutor's Office Communications team to formally request the data that department has collected so far, or a portion of it, but the response was negative: "It's a very recent organization," said an official.

During 2019, the Movement for Homosexual Integration and Liberation (Movilh) reported 17 cases and complaints of violence against the LGBTI community in Chile on its website, naming the perpetrators. These included murders, attacks, and assaults motivated by homophobia, lesbophobia, and transphobia, and even an attack that resulted in a swastika being branded onto the arm of a young trans man. The justice system only took action in half of these cases. 

Compared to 2018, when Movilh reported nine emblematic cases with names and surnames, 2019 was much more violent, with the wave of attacks nearly doubling to an average of two reports per month. This does not include cases of police abuse and detentions during the protests that erupted last October in the country, where Presentes documented abuses against three young gay men and at least six cases of lesbian women assaulted, sexually tortured, or illegally detained.

We have compiled the most significant cases from last year in this list, to update the status of the investigations being conducted by the Justice system.

Homophobic attack with boiling water

On January 1, 2019, José David Muñoz Vargas, a street vendor of newspapers and magazines, and his friend Sergio Barría Calbuyahue were victims of a homophobic attack during New Year's celebrations: two neighbors threw a pot of boiling water at them. Sergio managed to escape, but the attackers forced José David to submerge himself in a bathtub of hot water. He suffered burns on his back, buttocks, and arms, and due to the severity of his injuries, he was transferred to Santiago from the hospital where he was initially treated in Porvenir (southern Chile). Three weeks later, Juan Pablo Vilches (36) and Nelson Javier Alexander Aguilar (18) were arrested and charged with attempted aggravated homicide and minor injuries in the Tierra del Fuego Court of Letters and Guarantees.

Movilh reported that during the arraignment hearing, prosecutor Sebastián Marín stated that the perpetrators wanted to teach the victim “a lesson” and “cleanse him of his homosexuality.” They removed his clothes and submerged him in a bathtub filled with water they had heated on a stove. José David's skin peeled off, and he remained in this state at home for 24 hours until family members learned what had happened and took him to the hospital.

The 56-year-old victim was in an induced coma and on a ventilator for a month. She was discharged on February 7 and was able to testify in court on February 28.

In March, Judge Franco Reyes ruled that there was no intent to kill in this case. Juan Pablo Vilches was remanded in custody for his direct involvement in the attack and because he had a criminal record. The other assailant received a precautionary measure of house arrest with regional restrictions, which was revoked in November because he violated the terms and continued living his life "as if he were free," Porvenir prosecutor Wendoline Acuña told La Prensa Austral.

The hearings for the preparation of the oral trial, where the defense will invoke the aggravating circumstance of discrimination based on sexual orientation, i.e., the Zamudio Law, have not yet been scheduled.

Attack and beating in the street for gender expression

In the early hours of February 14, Carolina Torres was walking down the street with her girlfriend when two men attacked her, striking her repeatedly on the head with a stick and fracturing her skull. The attack occurred near a pub in the Pudahuel district of Santiago, where Carolina and her partner had been watching a soccer match. According to the victim's family, who spoke to Presentes, the two women were walking home, holding hands, when they encountered the assailants. One of them confronted her, saying, "I finally found you, faggot," recounted Marianela Urbina, the victim's mother. "When he said that, he attacked her, hitting her repeatedly with a stick. The other one finished her off by kicking her repeatedly in the back," she added.

Carolina remained hospitalized for more than two weeks in intensive care due to internal bleeding at the Public Assistance Emergency Hospital, known as the former Posta Central.

In April, after a two-month search, the Sexual Offenses Brigade of the Chilean Investigative Police (PDI) arrested brothers Miguel and Reinaldo Cortés Arancibia—24 and 30 years old, respectively—accused of the attack. Both have prior criminal records for robbery. They were charged with attempted murder with the aggravating circumstance of hate. “The attack was allegedly motivated by Carolina Torres’s gender expression,” stated Pudahuel Chief Prosecutor Eduardo Baeza. Among the measures announced by the court, it was determined that both will remain in pretrial detention while the investigation is carried out. It was also determined that, due to their prior convictions, the defendants will not be eligible for alternative sentences.

Punches and insults on a bus

Luis Lillo, 24, was violently attacked by two men while riding a bus home in Santiago on March 9th, at approximately 9:30 a.m. When the bus stopped at a bus stop, the assailants approached him, mocking his appearance and his purple sneakers. They then insulted and beat him, yelling "faggot," "pervert," and "child rapist." They also tried to steal some of his belongings. Several passengers recorded the beating, and the bus driver stopped and intervened to stop the attackers. The two men were removed from the bus, and with the help of some people, Luis was taken to a police station to file a report. From there, he was taken to a hospital, where he was reunited with his family. The diagnosis revealed a broken nose, several bruises, and post-traumatic stress disorder.

Sebastián Rodríguez Rosas (19) and Felipe Aldea Muñoz (23) were arrested several days later. On December 9, they were sentenced to five years of imprisonment under intensive supervised release. The defense successfully obtained the application of the Zamudio Law in this case. “The men were convicted of the crime of robbery with violence, with the aggravating circumstance of Article 12, No. 21 of the Penal Code, as stipulated in the Zamudio Law, being applied because Luis was attacked due to his sexual orientation,” explained Mónica Arias, lawyer for MOVILH and Luis's legal representative.

They were also ordered to stay away from the victim and to comply with work programs and violence treatment programs.

For Oscar Rementería, spokesperson for Movilh, the application of the aggravating circumstance is good news. However, he believes that such a brutal attack should result in actual prison time. “This reinforces the need to reform the Zamudio Law,” he stated.

I hate lesbians when leaving a bar

Catalina and Karina are a couple. On March 12, Movilh reported that they were beaten and insulted while walking home after leaving a bar in the Bellavista neighborhood. “They slammed my head against a wall while yelling 'disgusting lesbians,' 'fucking whores,' and countless other insults,” Catalina recounted on social media.

His girlfriend was thrown to the ground and kicked. The attackers fled when they saw people approaching the street, where they and the girls had been the only ones. The victims reported the incident to the PDI (Chilean Investigative Police), but so far there have been no arrests or suspects.

Gay chef murdered and Justice classifies it as a “crime of passion”

Aliro Andrade Almonacid, a 64-year-old gay cook, was found dead on March 7 in his home in Puerto Montt, in southern Chile. As soon as the murder was discovered, his family denounced a man who had stayed at the victim's house for a few days as the prime suspect. On March 16, Bastián Alberto Chamorro Brito was arrested and charged with rape, simple homicide, simple theft, and burglary. The Puerto Montt Guarantee Court ordered him held in pretrial detention.

At the arraignment hearing, prosecutor Nathalie Yonsson stated that the events occurred between the night of March 6 and the early morning of March 7, when the accused was indeed at Aliro's house. He beat him, sexually assaulted him, and "squeezed his neck with his hands until he lost consciousness." Yonsson specified that the cause of death was asphyxiation by suffocation with signs of strangulation. Afterward, he left the house, but stole Aliro's cell phone and a key ring, which he used to enter the place where Aliro worked. From there, he took 60 bottles and cans of alcoholic beverages.

The prosecutor believes it was a “crime of passion.” A 100-day investigation period has been set for this case in order to “determine whether it involves simple or aggravated offenses, such as any aggravating circumstances related to the perpetrator's sexual orientation,” the prosecutor told the press.

They beat him and carved a swastika into his body.

Matías Mella, an 18-year-old trans man, was attacked and beaten by masked men. They also left him with a permanent physical scar: a Nazi swastika forcibly carved into his left arm with a piece of glass.

“I was in a plaza writing in a notebook when these guys approached me asking for a cigarette. I told them I didn't have one, and that's when they came at me, insulting and hitting me. They were yelling 'lesbian, we're going to kill you,' and then they tried to immobilize me to mark me. I don't know where I got the strength, but I grabbed one of them where it hurts men the most and squeezed him. I kicked the other one and managed to run away,” the victim told Presentes.

The swastika is the same symbol that Daniel Zamudio's killers used seven years ago, when they beat him to death in San Borja Park in Santiago.

Following the report, the OS9 unit of the Carabineros (Chilean police) took over the case and launched an investigation. To date, no arrests have been made.

A trans woman was stabbed to death.

Brenda Plaza Vallejos, a 42-year-old trans woman, was stabbed to death in Valparaíso. 

Residents of the Polanco hill found his body around 10:30 p.m. on Monday, April 8.

On April 18, the PDI (Chilean Investigative Police) reported the arrest of a 41-year-old woman, whose identity was not revealed, as the alleged perpetrator of the crime. In a press release, the institution stated that the evidence in this case “indicates drug and alcohol consumption as the primary motive, which led to an argument between the two individuals at the scene, culminating in the woman assaulting the victim and causing his death.”

The accused was brought before the Valparaíso Guarantee Court for her detention hearing. Presentes contacted the PDI's Communications Department for updates, to follow up on the case and find out what stage the trial is at, but received no response.

Trans woman loses eye after attack

Francisca Guzmán Becerra, a 30-year-old trans woman, was attacked by a neighbor in San Antonio, beaten and whipped with chains and padlocks.

Francisca was admitted to the emergency room at the Claudio Vicuña Hospital and was later transferred to the El Salvador medical center in the Metropolitan Region, but she lost an eye.

The victim's mother, Luz Becerra, told Movilh that her daughter was called a "faggot" while being beaten. The organization forwarded all available information to the Undersecretariat for Crime Prevention so they could provide legal and psychological support to the victim and her family. They also filed a complaint, but to date, no one has been held responsible.

Homophobic attack in a store

Sergio Acosta and José Luis Campos own an electronics store in the town of Navidad, in the O'Higgins Region. They are also a couple, and on May 20, the Movilh (Movement for Homosexual Integration and Liberation) released a video captured by the store's security camera, which recorded the moment three customers violently attacked them.

According to Movilh, one of the men regretted buying a product and asked to exchange it for a less expensive one, but refused to return the original receipt, which should have been canceled. When Sergio intervened to find a solution and prevent other customers from being affected, the aggressors reacted violently and immediately.

“Without provocation, insults, or prior discussion, these guys turned on Sergio, punching and kicking him in an act of cowardice never before seen in the area, accompanied at all times by homophobic insults,” José Luis recounted.

The couple reported the incident to the Carabineros (Chilean police). The three men were arrested, but according to Movilh (Movement for Homosexual Integration and Liberation), they were released a few hours later with only one obligation: to pay a fine.

Homophobic attack by the Carabineros (Chilean police).

On June 20, Víctor Araya and José Gómez were attacked by a coworker because of their sexual orientation and because they are a couple. The attacker was identified as John Arias.

According to Movilh, it all started when José overheard John talking to someone on the phone. He mentioned John in the conversation and said, “I’m going to cut the faggot’s face.” Then Víctor arrived, and an argument broke out. John headbutted him and yelled, “I’ll hit you for being a faggot.” Movilh did not specify where the attack occurred.

When they filed the complaint, a Carabineros officer told José to calm down because they “aren’t paramedics.” He then refused to shake Víctor’s hand, implying that he might have some kind of illness. “Furthermore, the same officer provided incorrect information in the official report. It is a sad and regrettable situation that demonstrates the persistent and reprehensible homophobia of the Carabineros of Chile,” Movilh stated in its report. The aggressor was not arrested, and the complaint was not investigated by the police.

Attack on a lesbian in a square

“I want to denounce these people who are harming the LGBT community. Yesterday I was in a plaza and two women grabbed me, punched me in the eye and lip, and scratched my arm with stones. It all happened very fast and I couldn't react,” Martina Vercellinor wrote on July 5 on her Instagram account, along with photos of the bruises they left on her face and body.

Presentes was unable to confirm whether Martina filed a formal complaint with the Carabineros (Chilean police), as they attempted to contact her but she did not answer their calls. Movilh (Movement for Homosexual Integration and Liberation) also did not mention this in its report. On July 6, when reporting the attack on its website, the organization stated that the Municipality of Las Condes, where the attack occurred, “is already aware of what happened, and hopes to identify those responsible.”

She was attacked with a machete for being trans.

Scarlet Pérez Mariangel, a trans woman, had her ear cut off when she was attacked with a machete on July 9. Scarlet was hitchhiking at the South Lateral Toll Plaza in the San Carlos commune of the Ñuble region when a cargo truck stopped to give her a ride.

“Everything was going well until the driver realized that Scarlet was trans. He immediately started speaking ill of trans people and grabbed a machete to attack her,” Paola Laporte, spokesperson for Movilh-Biobio, explained to Presentes.

After the attack, Scarlet spoke to the Chillán newspaper Crónica and said that the driver hit her directly on the head with the machete: “I fell unconscious at that moment and he took advantage of it to kick me, cut my ear and face. When I reacted he had the machete in my face and was telling me that he was going to kill me.”

Scarlet managed to escape and asked for help. Movilh assisted her in filing a formal complaint. Presentes confirmed that the identity of her attacker is still unknown.

Four of them beat her with sticks

Isidora Contreras, a trans woman, was attacked by four men at bus stop 25 on Gran Avenida in Santiago. The incident occurred on August 24th, when Isidora was waiting for a bus and the attackers got out of a car yelling “horse” at her.

“They beat her in the face with a stick until she lost consciousness, causing severe damage to her nose, lips, and legs. She also suffered an injury to a finger on her left hand. When she awoke, passersby helped her and took her to a medical center and the Carabineros (police) to have her injuries documented,” said Paz Becerra, a lawyer with MOVILH (Movement for Homosexual Integration and Liberation). No arrests have been made in this case.

Trans teenager stabbed to death

Leandro Parra Hermosilla, a 15-year-old trans youth, was murdered on September 19 at a party in Coyhaique, a city in southern Chile. Witnesses told the Prosecutor's Office that it happened during a fight, when the victim tried to stop an attack on another teenager and was injured for intervening.

A minor was charged on September 21 in the Coyhaique Guarantee Court for the alleged authorship of the murder and for less serious injuries against the other injured teenager.

According to information from the Public Prosecutor's Office, after hearing the background information gathered by the Prosecutor's Office, the judges ordered the accused to be placed in a center run by the National Minors Service (Sename), the state agency responsible for protecting the rights of minors and adolescents within the judicial system. They also set a 90-day deadline for the investigation.

Women assaulted on the subway

A lesbian couple reported that a man assaulted them on the Santiago Metro.

According to Movilh, the man approached them mockingly after seeing them embracing on a train at the Manuel Montt station. Tiare Abarca, one of the victims, told Movilh that before they got off at the Universidad de Chile station, the aggressor pushed her partner. She warned him to be more careful, and he yelled at her, “Shut up, you fucking faggot!”

“When he insulted me, I grabbed my partner’s arm to leave, but the guy punched me in the face. Not content with that, he lunged at my partner to hit her. I made a second, unsuccessful attempt to pull her away, but the guy punched me again, this time in the eye. I fell backward onto the train car, which was stopped. Otherwise, I would have thrown myself onto the tracks,” Tiare recounted.

Metro security personnel intervened in the beating and took the aggressor into custody. Presentes attempted to contact the institution to find out if he had been turned over to the justice system, but received no response by the time of publication.

He was beaten and raped by five men

Herman Viranlicelo reported that five men beat and raped him in Puerto Montt on November 17. In a video testimony released by Movilh, Herman recounts that he was walking near a deserted area, wearing a bandana with the LGBT flag on his forehead. “He went for a walk near a police station, thinking it was safe. At that moment, he was approached by about five men. They beat and raped him until he lost consciousness,” said José Arcos, spokesperson for Movilh Aysén.

Herman woke up in a hospital, where he was informed that police officers had found him lying on the road, apparently hit by a car. Arcos confirmed that one person has been arrested in this case and that the Public Prosecutor's Office has set a 90-day deadline for the investigation.

Three men beat a trans sex worker.

On December 19, Gema Vargas Mancilla, a 30-year-old transgender sex worker, was attacked by three men in a plaza in Puerto Montt. At 4:30 p.m., she was waiting for a bus that would take her back to her home in Chaqueihua, a rural town 113 kilometers from the city, which she visits frequently. Gema suffered injuries all over her body and face. Her nose and jaw were fractured. She is still recovering from the beating. The Public Prosecutor's Office is investigating the case, and one of the attackers has been arrested.

Prosecutor Ana María Agüero informed the local press that he was charged with aggravated assault. José Arcos, spokesperson for the Aysén Movement for Homosexual Integration and Liberation (MOVOLH), reiterated that they will work to ensure the aggravated penalty under the Zamudio Law is applied, as they believe transphobia motivated the beating.

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