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By Mariana Leder Kremer Hernández

Photos: Presentes Archive, Gabriela Zampedri and Ariel Gutraich

The trial of Eva Analía Higui de Jesús—who, while defending herself against rape, fatally wounded one of the men who attacked her in a gang because she is a lesbian—was scheduled to take place from February 18 to 21 at the Oral Court No. 7 in San Martín, but has been postponed, the Lawyers' Association representing her announced today. The tentative date has been set for August, when the court will release the new hearing schedule.

Gabriela Chiqui Conder, one of Higui's lawyers, told Presentes this afternoon: "We at the union had requested a change of date because it overlapped with a trial that our colleague 'Negro' Eduardo Néstor Soarez was having on the same days in Lomas de Zamora. This is the trial against Marcos Bazán, and it's a case fabricated by the police to cover up the femicide of Anahí Benitez."

Soarez is Bazán's defense attorney and co-counsel for Higui, along with Conder. Bazán has been in pretrial detention for two and a half years. Higui's lawyers had previously requested a change of date so that Soarez could be present for both cases. "Initially, it wasn't going to be postponed. But within the court, there are priorities for defendants who are in custody. Today, we were informed that the tentative date is August. It was detrimental to us that 'Negro' wasn't present for Higui's trial. I understand that this postponement benefits his defense, and while we understand the enormous effort of the young people from the Campaign for Acquittal—who were organizing a strong outreach effort to attend the hearings—we welcome it. On the other hand, when you're free, it's not unusual for a trial to be postponed," said Conder.

The Campaign for Higui's Acquittal—which organized the festival in front of the court—released a statement:

Aggressors go unpunished

On October 16, 2016, Higui was attacked by a group of men who cornered her in the hallway of a house in the Mariló neighborhood of San Miguel (Buenos Aires province). In her attempt to defend herself, she fatally wounded one of her attackers. But Higui's attackers are nowhere to be found in the case. “The prosecutor never investigated. He never believed Higui. So some people are now appearing as witnesses to incriminate her,” her defense attorney told Presentes.

READ MORE: A map records cases of violence against lesbians and bisexuals in Argentina

Although Higui stated that the men pulled down her pants, tore her underwear, and savagely beat her while saying, "We're going to make a woman out of you," Higui tried to defend herself and injured one of them. As a result, she was arrested and charged with simple homicide, without her testimony being considered or her claim of self-defense being taken into account. 

“Since I was 21, I have been living under constant persecution.”

Higui was imprisoned for almost eight months, until June 13, 2017, when she was released from the Magdalena prison to await trial. But the attack in October 2016 wasn't the first. “I've been living under constant persecution since I was 21, because ever since I moved to that neighborhood, the kids have made my life a living hell. If I was at the bus stop with my partner, they'd throw rocks at me, chase me away, tell me to leave, and ask me what I was still doing there. My trans sister and I suffered as much. They also set fire to her house, and a trans friend died in the attack. That's why we moved. She moved a couple of years ago, I moved before that,” Higui told Presentes last year. 

Higui's case gained widespread attention thanks to the efforts of lesbians, transvestites, and transgender people, who publicized her story and demanded her release and subsequent acquittal, supporting her to this day, along with her lawyer. Conder is a member of the Argentine Lawyers' Association and met with Higui upon her release from prison in 2017. 

READ MORE: #7M Anti-patriarchal football and Nora Cortiñas in the #AbsolutionForHigui campaign

Few witnesses

The date on which the judges will make their decision is still unknown.

The lawyer emphasized the importance of the social mobilization that helped secure Higui's release and is now calling for her acquittal: “Mobilization is important. At the Lawyers' Guild, we work with social organizations and understand that we are another tool to achieve the release of our colleagues.” Regarding Higui, she added: “This is about making the hatred towards lesbians invisible. In the same way that the attempted corrective rape against her was made invisible, a rape she fought back against and was criminalized for defending herself.”

Festivalat the Courthouse doors

The Campaign for Higui's Acquittal has been working for three years and is now collaborating with public defender Cónder. They emphasized: “We need the entire society to tell the justice system that it cannot imprison a victim. Higui is a victim of the capitalist heteropatriarchal system and has been her entire life, having already suffered numerous attacks and threats. When someone endangers your health, your life, and your well-being, you have the right to defend yourself. That is what Higui did.” 

The campaign invited people to participate in the festival during the trial dates at the doors of Court No. 7 in San Martín. Artists such as Susy Shock, She Devils, Las Grasas Trans, Lola Bajhan, and others were scheduled to perform. The event also included workshops, readings, murals, a fair, and soccer.

READ MORE: #7M “The fight for justice for Higui is not over”