Pierina's trial postponed for painting a mural of Tehuel: activists demand her acquittal
Pierina is an LGBT+ activist and visual artist. She is accused of painting a graffiti message that reads "Where is Tehuel?"
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BUENOS AIRES. The Necochea court postponed the trial against activist and muralist Pierina Nochetti. She is accused of causing "serious damage" to a historical landmark in the city by painting the question "Where is Tehuel?" as part of a collective action during the Necochea Pride March.
The judge postponed the trial without explanation or justification. The group organized to demand justice in his case is calling for his immediate acquittal.
The trial against Pierina
The first day of the oral trial was scheduled for Wednesday, March 6, in the Correctional Court No. 1 of Necochea, presided over by Judge Ernesto Juliano. A week earlier, on Wednesday the 28th, the judge requested a leave of absence from March 4 to 8. Thus, the first hearing was postponed.
Both the lawyer in the case—which began in February 2022—and the organizations supporting Pierina link this postponement to the increased visibility of the case. “We believe that the growing visibility of the case, coupled with the fact that several international organizations are closely monitoring the process, led the judge to prolong this situation of uncertainty surrounding the case,” the Absolution for Pierina group stated in a press release.
On February 15th, an art and protest event was held in Buenos Aires in support of Pierina Nochetti and to demand her acquittal. The muralist and LGBT rights activist is participating in a series of actions to raise awareness of the case in which she is accused of vandalism. Her indictment is based on a photo published on a news website, showing a person with curly hair standing with their back to a mural bearing the phrase "Where is Tehuel?". Last year, a similar demonstration was held to demand her acquittal.
How a diffuse cause began
Pierina works for the Municipality of Necochea. A female employee of that organization filed the complaint against her.
Initially, the case was dismissed in criminal court. Prosecutor José Luis Cipolletti had stated that it lacked merit. However, based on the testimonies of two other individuals—who also work for the municipality under the complainant's supervision—Pierina was charged with "aggravated damages." At the time of this complaint and accusation, the visual artist and activist was demanding a reclassification as a municipal employee, and it was in this context that she learned she had been subjected to administrative proceedings stemming from a criminal case .
“She came to my office because she had been suspended for ten days without pay. Having that many days deducted is a lot. I told her to stay calm because if the criminal case fell apart, her situation would be resolved. Upon checking, the criminal case had indeed been closed for lack of evidence because there was no one to testify saying that she was the one who had painted,” recalls Francisco Arrospide, Pierina's lawyer.
As soon as they began the process to appeal the administrative sanction, the court reopened the case with those two testimonies. One of them says, based on the photo he sees, that he “believes it could be Pierina.”
What happened at the Necochea Pride March
In February 2022, during the 10th Pride March held in Necochea, a graffiti mural was painted with the question "Where is Tehuel?". It was a collective action on one of the walls of an abandoned building in the city.
The same question has been plastered on hundreds of walls across Argentina since the disappearance of Tehuel de la Torre, a 21-year-old trans man, on March 11, 2021, while on his way to a job interview. Two people have been arrested in connection with his case.
The demand for the safe return of Tehuel, who has not yet been found, is a rallying cry for the Pride March, trans rights activism, and feminism. The authorities of the Municipality of Necochea were the only ones in the country to file a complaint regarding the graffiti.
Activism and criminalization
According to the lawyer, the accusation is linked to Pierina's activism. "She is a great defender of human rights and LGBT rights. It is clear that this is related to her work," Arrospide explains.
A year ago, in February 2023, the court summoned Pierina for a conciliation hearing. Prosecutor Cipolletti proposed suspending the proceedings in exchange for a restorative action. This consisted of painting a mural over the graffiti as a way to "repair the damage."
“Of course we didn’t accept. She said she hadn’t caused any harm to the city, so there was nothing to repair. After that, they took this case to trial,” the lawyer added.
He also reported that Pierina is working in a shed that is not equipped for that purpose and does not have bathrooms.
Waiting for Justice
Pierina could face a sentence of up to four years. But the case, according to various sources, lacks evidentiary support. "From a legal standpoint, we have a very strong case," the lawyer stated. Pierina's professional future also depends on the court's decision.
“If we let these things go, we’ll end up in worse situations. Pierina has been persecuted a lot. Once the case is closed, no new evidence can be added. But the prosecutor decided to add two more testimonies when it was no longer possible.”
“The postponement and prolongation of this unjust case continues to cause profound harm to Pierina and the entire community that is supporting her, with the clear attempt to demobilize us,” the Absolution for Pierina statement emphasizes.
The criminalization of Pierina has resulted in a reduction of her work. In addition to her municipal job, she also did other work related to the visual arts. And then there's the weight of public scrutiny. “I have to take my children to school, go to the supermarket, and besides being charged, they're taking away my ability to work. This happens to those of us who put our bodies on the line,” Pierina told Presentes .
“What’s happening to me could happen to any of us here for exercising our right to protest. It’s not just about asking about a trans person who disappeared in a democracy, which hurts me deeply. It’s also about the fact that the court asked me to make her disappear again by painting over the graffiti that was there, which asked, ‘Where is Tehuel?’”
Today, where the graffiti used to be, there are swastikas painted that were neither erased nor covered up. Nor was anyone reported for painting them on that wall.
Human rights organizations for acquittal
Amnesty International , which will present itself as amicus curiae , and the Center for Legal and Social Studies carried out a series of actions to support the demand for an end to the persecution of Pierina.
“It is unacceptable that a person is being prosecuted and is at risk of imprisonment for allegedly participating in graffiti. Peaceful protest is not a crime, and the State has an obligation to protect the right to protest injustices ,” said Mariela Belski, executive director of Amnesty International Argentina, in a statement.
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