Life sentence for Evelyn Rojas's killer: first hate crime conviction in Misiones

Evelyn was beaten to death by Ramón Da Silva, her partner, in 2016. The sentence was for "femicide and hate crime based on gender and expression."

March 17, 2022

Agustina Ramos

David Melnik

The Criminal Court No. 1 of Posadas sentenced Ramón Da Silva to life imprisonment for the femicide and hate crime against Evelyn Rojas, a crime motivated by gender and gender expression. Rojas was beaten to death by her partner in October 2016. “This is a very important precedent, especially for the LGBTQ+ community: a before and after here in Misiones,” said the prosecutor of the Court, Martín Rau, to Presentes .

This is the first hate crime sentence in the province of Misiones and the second in the country, following the conviction for the transvesticide of activist Amancay Diana Sacayan on June 18, 2018. There, the Oral Criminal and Correctional Court No. 4 of the Federal Capital sentenced Gabriel David Marino to life imprisonment.

The plaintiff's lawyer, Florencia González, told Presentes that it is an "exemplary and restorative sentence for all the structural vulnerabilities suffered by the trans community."

“This also invites the justice system to reconsider the need and importance of incorporating the perspective and awareness of gender and dissidence not only when investigating these types of crimes, but also when judging them,” she added.

Activists also celebrated the ruling they have been fighting for for years. “We understand that today we were able to make history,” stated Adam Yan, president of the organization Somos Diverses .

In this sense, the activist was satisfied and happy to "bring a little peace to Evelyn's family so that our trans comrade can rest," while acknowledging that "this whole process was a labor of much activism and struggle."

Evelyn Rojas was murdered on October 27, 2016 at an abandoned gas station, located at the intersection of Uruguay Avenue and Bouchardo Street, in the city of Posadas, in the province of Misiones.

“Evelyn was beaten to death, and most of the blows were focused on her face. She also had waist-length hair, which was cut off before she was killed. All of his insults and violence toward her were directed at her sexual orientation and gender identity: there is no doubt that this was a hate crime,” lawyer Florencia González stated in a previous article for Presentes .

In Argentina, a life sentence has a duration of 35 years for parole, as long as the sentence becomes final.

Both the plaintiffs and the prosecution believe there were "shortcomings in previous stages" of the judicial process, but they agree with the actions of the Court.

“The Court was very open to the presentation of evidence, both by the plaintiff, the prosecution, and the defense. All parties were able to offer the evidence they intended to produce, and the Court admitted it. It was a completely transparent process, which adds even more to the achievement,” stated Prosecutor Rau.

During the trial, "it was possible to demonstrate the prior violence" that Evelyn suffered at the hands of her then-partner, Ramón Da Silva, known as "Junior" or "Ramoncito," and "police and medical experts marked the level of brutality of the attacks she received," he concluded.

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