Transfemicide in Tucumán: Victoria wanted to report her ex-partner and the police mocked her

Victoria Nieva, a 33-year-old transgender woman, was murdered in her home in Aguilares, Tucumán, this past weekend. The main suspect is her ex-partner, whom she had tried to report to the police several times.

By Gabriela Cruz, from San Miguel de Tucumán. Photos: Facebook

Victoria Nieva, a 33-year-old transgender woman, was murdered in her home in Aguilares, in the southern part of Tucumán province, this past weekend. The main suspect is her ex-partner, Claudio Maximiliano Gutiérrez, who is currently in custody. Friends say that Vicky, as she was known, had tried to report the violence she suffered at his hands, but that the police mocked her gender identity and refused to take her reports.

Various LGBTQ+ organizations in the province have issued statements demanding justice and pointing to the state's responsibility in these crimes. Victoria's family and friends are organizing a march to demand justice. It will take place this Wednesday, April 21st, at 5:00 PM in Plaza 25 de Mayo in the town of Aguilares.

The investigation is in the hands of the Prosecutor's Unit for Serious Crimes against Physical Integrity of the Judicial Center of Concepción, headed by Miguel Varela.

This week, LGBTQ+ organizations and activists in Argentina are warning about the rise in violence against the LGBTQ+ community. So far in April, there have been at least two murders of trans women: Victoria and 27-year-old Micaela Catán. Micaela is suspected of having been murdered by her partner in Santiago del Estero.

The complaints that were not reported

Vicky had tried to report her ex-partner, her friends say. “She had married him in prison. When he was released, they moved in together. Over time, the violence came to the surface. He wouldn't let her friends visit her and he beat her a lot,” a friend recounts. She says she accompanied her on one occasion to file one of the many reports. “She tried to report him for gender-based violence about six times, but the police didn't want to take them. They mocked her and demanded her 'real' ID because they wouldn't accept the one with the change of registration,” a friend who lives in another town explains. Sources close to the family also confirmed the same information to Presentes: that there had been previous attempts to file reports.

The main suspect has been arrested.

After Vicky was found murdered in her home on Sunday, April 28, her family contacted lawyer Carlos Garmendia, who is following the investigation. “I don't have all the details of the case because we weren't notified of the arrest hearing that took place this Monday. But I know from the family that the body had cuts on the throat, arms, and hands. And that the perpetrator was found hiding in a neighbor's house, very close to where the crime occurred,” said Garmendia, who is also the Tucumán delegate for the National Secretariat of Human Rights. He will formally file the case as a plaintiff today. 

Judicial sources confirmed to Presentes that Claudio Maximiliano Gutiérrez, alias 'El Rubio,' is in custody. He is accused of aggravated homicide due to a pre-existing relationship and the cruelty and hatred of gender identity, against Victoria Nieva. The Aguilares police station was also contacted for this report to verify further details regarding previous attempts to file complaints, but declined to comment.

April was a violent month for transvestite and trans people.

In addition to the transfemicides already mentioned: 

-Activists are demanding justice for Josefina Cruceño. Her death is being investigated in the province of Mendoza. 

-In Jujuy, Yeni Mendez was attacked with a machete by a man .

In the town of Río Grande, in Tierra del Fuego, another woman was attacked with a knife by a woman and an accomplice . Both women were hospitalized and are doing well, but the violence of the attacks prompted expressions of concern from LGBTQ+ activists. In both cases, activists are calling for investigations into attempted murders of trans women.

And after more than 40 days, the search continues for Tehuel, the young trans man who was last seen on March 11, 2020 , when he left for a job meeting to see if he could get a gig as a waiter at an event. The man he was going to meet is in pretrial detention.

The transfemicide of La Power goes to trial

Yesterday, Monday, the case of the transphobic murder of Alejandra "La Power" Benítez , the 34-year-old trans woman shot in the back on the sidewalk in front of her home at the intersection of Roca Avenue and Ayacucho Street in the city of Tucumán, went to trial. The crime was committed in November 2020. The prosecution is also represented by Carlos Garmendia.

“The charges were accepted, and the case was sent to trial for aggravated homicide due to gender-based violence and hate, that is, for transphobic murder . There is also a civil suit being pursued by Dr. Soledad Komaid, from the Legal Department of the Ministry of Justice,” Garmendia explains. The accused, Ricardo Horacio Puenzo, is being held in pretrial detention. The trial is expected to take place within the next two months.

The trial for the transfemicide of Ayelén begins 

This week also saw the announcement of the trial date for the transfemicide of Ayelén Gómez. In August 2017, the 31-year-old woman from Tucumán was found under one of the bleachers at the Lawn Tennis Club. The autopsy determined that she died from mechanical asphyxiation by suffocation. The hearings are scheduled for April 29 and 30, 2021.

The man charged with her death is Adrián Miranda. Miranda was released after his pretrial detention period expired.

The organization ANDHES -Lawyers for Human Rights and Social Studies-, in charge of the lawsuit, stated: “This is a landmark case that starkly reflects the life story of the entire trans and travesti women community, whose human rights have historically been violated, making them targets of violence and invisibility by the State and its institutions.” 

Seventh transfemicide in Tucumán in the last four years

The hate crime against Ayelén Gómez , (31) in August 2017 was a turning point and led to the organization of the transvestite and trans collective in the province.

A few months later, in January 2018, Lourdes Reinoso (30) was found dead along with her aunt in a small town in the east of the province.

In February of that same year, the disappearance of Cinthya Moreira (24) was reported, whose body was identified two months later.

In May 2019, Gala Perea , just 19 years old, was found dead in the provincial capital.

Since the start of the pandemic, there have been three trans femicides in Tucumán.

Victoria's case adds to that of Vanesa Solórzano , a 20-year-old woman murdered in August, and that of Alejandra Benítez , 34, in November of last year.

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