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By Airam Fernández

The Chilean Justice system broke the agreement it had reached earlier this year with the five women prosecuted for the peaceful takeover of the Quillota Prosecutor's Office, which occurred on June 22, 2019, at the end of a march commemorating the three-year anniversary of the murder of the young lesbian Nicole Saavedra.

María Bahamondes, the victim's cousin, and lesbian-feminist activists Jael Bosquez, Caterina Muñoz, Emperatriz Godoy, and Karen Vergara were simply demanding justice for a crime that, until then, had seen no progress in the investigation. In response, the Prosecutor's Office sought to sentence them to almost four years in prison and a fine of 11 UTM per month. But in February, after two hearings held earlier in the year, both parties reached an agreement to avoid a trial, and it was decided that the defendants would paint a mural on the facade of the Quillota Local Prosecutor's Office.

This Wednesday, April 7, in a third online hearing that was broadcast live, prosecutor Elizardo Tapia announced that the possibility of installing the mural at the previously agreed-upon location had been ruled out, according to the restorative justice agreement. “We do not have the consent of the prosecutor's office staff, so we cannot install a mural that goes against the wishes of those who work there, those who were affected by the occupation and the damage it caused,” he said. His proposal is that it be done on another wall “chosen by the defendants.” 

“This is disrespectful to Nicole’s memory.”

Silvana del Valle, a lawyer with the Chilean Network Against Violence Against Women and part of the activists' defense team, presented the mural design, created by artist Telly Gacitúa, which prominently features Nicole's face alongside those of other women. She also stated that, for the time being, the activists will not accept the Prosecutor's Office's new proposal.

“This shows a lack of respect for the memory of Nicole Saavedra Bahamondes, for other victims of femicide, for their families, and for feminist and lesbian-feminist organizations that have been behind this cause (…) We hope that the Public Prosecutor’s Office will reconsider this situation and authorize the creation of the mural in the previously agreed-upon location as an act of reparation,” the lawyer said during the hearing.

According to prosecutor Tapia, the Prosecutor's Office remains open to further negotiations. Judge Aura Catalán of the Quillota Guarantee Court set a new hearing for June 23rd and stated that if a new agreement is not reached by then, the defendants will have to attend the pretrial hearing: “During this period, discussions regarding alternative resolutions can continue, and a new restorative agreement can be sought.”

And prosecutor Tapia added: “Reaching an oral trial depends solely and exclusively on the will of the accused.”

Criminalized for seeking justice

On the day of the protest, a multitude of women marched through the streets of Quillota to commemorate the three-year anniversary of the crime. Nicole was 24 years old, a lesbian, and was murdered. Her battered body, bearing signs of torture, was found lifeless on June 25, 2016, near the Los Aromos reservoir, located two hours from Santiago.

The march was authorized but ended with police repression. In the middle of the demonstration, the five women decided to enter the local Prosecutor's Office building. Outside, another group supported them with shouts, slogans, and banners alluding to this crime, which up to that point had four prosecutors and many delayed responses. Four months after the occupation, the Valparaíso Prosecutor's Office identified Víctor Pulgar as the main suspect, a bus driver who was already serving a sentence for raping two minors.