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By Veronica Stewart

The trial of Luz Aimé Díaz (23 ), scheduled to begin on February 20, has been postponed until April 3. The defense filed a motion to recuse the judges and denounced the gender stereotypes being used in the proceedings. The National Criminal Court of Cassation ruled to remove two judges. With the signature of its president, Daniel Morin, the Court of Cassation granted the motion to recuse based on concerns of bias filed by Luciana Sánchez, the lawyer in charge of the defense.

The judges removed are Luis Rizzi and Javier Anzoátegui of the Oral Criminal and Correctional Court No. 8. In the file, they referred to the accused, who defines herself as a sex worker, in the male gender as "the accused" or "defendant with homosexual tendencies" and even went so far as to say, according to an alleged religious analysis, that she is a person with an "objectively disordered inclination". 

In July 2018, Luz, 23, was charged with “aggravated robbery and aggravated kidnapping” for an incident she claimed to have no knowledge of. She will remain under house arrest at the Hotel Gondolín .

“Giving interviews and raising awareness of her case is giving her confidence and security,” says Alcalde. He also emphasizes the importance of the popular mobilization and the social media campaigns that arose in support of her acquittal, as they give Luz confidence and security. “She feels more supported,” he added.

Arrested for being a transvestite and poor

After providing sexual services to two men in the Palermo neighborhood, Luz was arrested two months later for a crime she knew nothing about. As the case progressed, it emerged that Luz was accused of tying up and assaulting a 50-year-old LGBT+ man in the next room. Her presence at the crime scene was enough for the court to order her pretrial detention in the Ezeiza prison for eight months. “The only evidence is that she was there,” explains Alcalde. “After that, nothing links her to the victim or the assailants.”

The high school teacher also emphasizes the importance of the media coverage the case has received in recent months. “We want to give it visibility so that the judges handling the case don't try to get rid of it quickly, but rather dedicate the time it deserves,” she continues.

“Luz has been detained longer than necessary,” explains Lara Bertolini, a trans activist and court worker. “Evidence has been presented demonstrating that there is no reason to continue holding her. She poses no danger to herself or others, and there is no flight risk.” Bertolini asserts that Luz shouldn't even be facing charges, as there is no evidence whatsoever to support the accusations against her. “Luz needs to be released because there is insufficient justification for keeping her under house arrest or in this situation of restricting her freedom,” she says.

To more clearly illustrate the injustices that make Luz's case possible, Bertolini cites Zaffaroni's concept of authorship, which refers to how having certain social characteristics makes some people prone to being scrutinized and treated as criminal perpetrators. However, this perception can be altered by wearing more formal clothing. But when it comes to a trans person, Bertolini asserts that they are criminalized by their identity. “Even if you dress a trans person in the finest clothes, if they are still trans, they are still accused, violated, and stigmatized. Authorship as a crime doesn't apply. If you change the social category of a binary person, it happens,” she explains.

Given the constant stigmatization Luz has suffered since the beginning of the trial, where she was repeatedly referred to in the masculine during the administrative proceedings, disrespecting her identity, the defense filed a motion for recusal and a request for her release from custody in court. “They also denounced the gender stereotypes with which the entire process is being conducted,” Alcalde explains.

“Last Monday, February 17, 2020, this defense was notified of the complaint filed by Dr. Fernando Larraín against his position as substitute judge of the Oral Criminal Court No. 8, and the new composition of the court with Drs. Luis M. Rizzi, Javier Anzoátegui, and Alfredo A. Sañudo,” the ruling states. “This composition of the Court has caused Luz Aimé Díaz a serious fear of bias, which motivates this motion for recusal.”

[READ ALSO: Mocha Celis, the first transvestite-trans Popular High School in Latin America ]

The statement from the Campaign for the Acquittal of Luz Aimé Díaz explains that the fear of bias on the part of Judges Rizzi and Anzoátegui stems from their statements regarding current human rights law, and particularly gender rights. Judge Anzoátegui, for example, expressed concern about the Gender Identity Law (26.743), referring to it as “the totalitarianism of gender ideology.”

[READ ALSO: Hotel Gondolín: an alternative housing option for transvestites and trans people in Buenos Aires ]

While Luz awaits the start of her trial in April, the campaign seeks to continue supporting her. As Alcalde explains, “Luz cannot work or continue her studies. She is eating thanks to the solidarity of her classmates.”

To offer any kind of help, you can contact the Campaign through social media. On Facebook you can find them as “ Campaign for the Absolution of Luz Aimé ”, and on Instagram as “ @absolucionparaluz ”, or by email at absolucionparaluz@gmail.com .