BUENOS AIRES, Argentina . “Where is Tehuel?” The question has been heard for three years since March 11, when the family of the 20-year-old trans man disappeared in Alejandro Korn, Buenos Aires province, while on his way to a job interview.

So far, two people have been charged. They are Oscar Alberto Montes and Luis Alberto Ramos, accused of aggravated homicide motivated by hatred based on gender identity in case No. 6753/1776 – IPP 06-05-001038-21/00. Montes' defense requested house arrest, but the court rejected the request.

The case file provides for a sentence of life imprisonment, according to section 4 of article 80 of the Argentine Penal Code.

Three months before the trial

In July 2023, the Oral Criminal Court (TOC) No. 2 of La Plata moved the trial forward to July of this year, as soon as the court recess ends. The date change, which had initially been scheduled for August 2027, was thanks to the demands of the family, along with social organizations, and the intervention of the National Institute Against Discrimination, Xenophobia and Racism (INADI) and the Ministry of Women, Gender and Diversity.

It was the previous prosecutor, Karina Guyot, who requested the change of charges and the Judge of Guarantees No. 8 of La Plata, Martín Rizzo, who elevated the file so that the arrested men could be tried in an oral debate.

The Ministry of Security of the province of Buenos Aires maintains an active reward of 5 million pesos for those who can provide relevant information about what happened to Tehuel.

Awaiting trial

The plaintiff's lawyer, Flavia Centurión, told Agencia Presentes that they expect the defendants to be convicted of trans homicide during the trial.

“The case file contains clear evidence that these two individuals who are currently detained were the ones who attempted to take his life,” Centurión stated. He added that the missing person investigation is not being pursued because there are no new leads. “We believe the search should continue, and we are still searching for Tehuel.”

While there are no new developments in the case, the lawyer said they hope the trial will result in a conviction and that this will be a landmark case. "We hope to raise awareness and prompt those in power to recognize the need for tools to address these types of cases."

On the one hand, Centurión states that it is necessary to work on support, providing safe spaces for listening, and developing approaches specifically for LGBT people. “These are people who, simply because of their identity and gender expression, are already vulnerable. And if we add other factors, as in Tehuel's case, such as a lack of economic resources and access to healthcare… we have a high risk that they will become victims of these types of crimes .”

She also emphasized the lack of resources for conducting effective searches and swift investigations. “In Tehuel’s case, there was a delay in launching the search, and there was also a delay in reporting the disappearance. This is due to a general lack of awareness among the population that in these cases, it’s crucial to report them quickly because these are people who are truly in a more vulnerable situation than others,” she stated.

“We hope this case will lead to the planning and implementation of policies in this area. And that we will finally have a search protocol for women and LGBT people because it is absolutely necessary to safeguard their lives. A quick search saves lives, and we need resources for this.”

A long search

The young man's disappearance was a shock to Alejandro Korn. It was March 2021, with some protocols still in place due to the Covid-19 pandemic. His partner reported his absence, and his sister filed the missing person report.

Verónica Alarcón, the young man's sister, repeatedly recalled her last encounter with Tehuel. She ran into him on the street; he was on his way to a job interview he had arranged with Luis Alberto Ramos to work as a waiter at a private event.

Ramos, 38 years old at the time of his arrest, already had a prior conviction for homicide during a robbery. Although the GPS on the young man's phone indicated his last location as being near Ramos's home, Ramos denied it. He acknowledged meeting Tehuel, but claimed they met around 4:30 p.m. and then went their separate ways.

Bloodstains and pieces of Tehuel's cell phone were also found in Ramos's house.

Montes, a 47-year-old scrap metal dealer, is the other person implicated. He denied knowing Ramos and having been at his house. However, security camera footage from San Vicente contradicts him. Ramos's cell phone also contained more than 20 photos dated March 11. Tehuel can even be seen in one of them.

These are some of the pieces of evidence that led prosecutor Guyot to request that the defendants remain in prison and that the charge be changed to aggravated homicide motivated by hatred of gender identity.

A call for justice everywhere

The question of “Where is Tehuel?” multiplied throughout the country and was supported by feminist organizations, particularly those defending LGBT rights.

The specific case of Tehuel, for Agustina Ponce, a transvestite activist from Asociación Mundo Igualitario (AMI) and former Undersecretary of Diversity Policies of the Ministry of Women, Gender and Diversity of the Nation, marked a milestone in the search for trans-transvestite people.

“It was thanks to the organization. Primarily family members and trans-feminist organizations that brought this disappearance to light as a disappearance in a democracy deeply marked by the variable of vulnerability, rooted in identity,” Ponce explains to Presentes . “Being a trans person in this society makes you per se . This isn't subjective. It's absolutely objective, considering—as in this case—that identity is a barrier to accessing employment. Tehuel, a young man who was the breadwinner for his family, from a working-class background and with the added vulnerability of being trans, went out to look for odd jobs and never came back. So, clearly, this factor must be taken into account by the justice system.”

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A post shared by the Civil Association of Family and Friends of Tehuel de la Torre (@familiaresyamigosdetehuel)

For Ponce, the intervention of state agencies and the reward also make a difference in the search for a missing trans person.

Justice and the debates that are missing

Regarding the role of justice, Ponce analyzes that there was a good system of administration of justice, despite the fact that the Judiciary shows signs of a clear absence of gender perspective.

“The judicial system is completely out of touch with the realities of those seeking justice. And even more so when it comes to trans and travesti lives. Thanks to the efforts of Tehuel's Family and Friends, led by Norma, Tehuel's mother, and the Pride and Struggle Front, with the support of the aforementioned organizations, the Oral Criminal Court No. 2 was persuaded to reconsider its decision and move the start of the trial forward to 2024.”

Agustina Ponce also referred to the debates that still need to take place in society. “I wonder if trans and travesti lives matter. In terms of rights, some recognition has been achieved since the Gender Identity Law, through provincial laws, municipal ordinances, the decree on non-binary ID cards, and even the quota law. All of this would suggest progress in determining whether or not these lives matter, but it is clear that this progress is insufficient. The State needs to continue developing programs and policies to eradicate violence against trans and travesti people. This violence, both material and symbolic, is often produced and reproduced through state action or inaction.”

Another fundamental debate, which Ponce highlights, has to do with family violence and sexual-affective relationships of LGBT people, particularly with transvestite and trans identities.

The nationwide call for justice for Tehuel was not universally accepted. In 2022, artist and LGBT activist Pierina Nochetti was accused without evidence of painting a mural during a march demanding the young man's safe return. Nochetti was scheduled to face trial, which has been postponed for now.

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A post shared by #absolucionparapieri (@absolucionparapierina)

The call for justice continues

On Friday, March 8, Norma Nahuelcura, Tehuel's mother, marched alongside other activists to demand justice for her son.

“It will soon be three years since Tehuel disappeared, and we still know nothing. I know there are two people in custody, and we are also waiting for the trial. I would like to ask the judges to at least have a heart and try to hold the trial this year. We want to know where Tehuel is and what happened to him.”

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A post shared by Presentes (@presenteslatam)

On the day that marks three years since the young man's disappearance, various organizations joined the call for justice.

3 years.
1095 days.
We still don't know where #Tehuel .
His loved ones are still waiting for him.
We want to know the truth.
We want to know what happened. pic.twitter.com/qhseoy6u1r

— Amnesty International Argentina (@amnistiaar) March 11, 2024

Activities for the anniversary of Tehuel

The Pride and Struggle Front, together with the Mocha Celis High School, organized a press conference for this Monday at 5:30 p.m. on Monday the 11th at the high school headquarters, Jujuy 748.

Then, at 7 p.m., there will be a Federal Meeting (in person and virtual) with the presence of Tehuel's mother, Norma Nahuelcura, and the family's lawyer, Flavia Centurión.

From the activist community, Alejo de Lisa Sajnin, a trans activist and president of the Student Center at the Mocha Celis Popular High School, will participate. Also participating will be Iam Rubey, a trans activist from 100% Diversity and Rights of Chubut, and Agustina Ponce, a trans activist from the Equal World Association (AMI) and former Undersecretary of Diversity Policies at the Ministry of Women, Gender and Diversity of the Nation.

Finally, on Saturday, March 16th, there will be a march to demand justice for Tehuel in the district of San Vicente. The meeting point is at 5 PM at the intersection of Route 210 and Av. Pte. Perón, Alejandro Korn, Buenos Aires Province.