Triple lesbicide in Barracas: Justice does not consider it a hate crime
The judge in charge of the case classified it as "double aggravated homicide" against the three women who died after the hate attack. The only survivor has already been discharged from the hospital.
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BUENOS AIRES, Argentina. One month after the triple lesbicide and hate attack against four lesbians, this week saw new developments in the investigation and the progress of the sole survivor. Sofía Castro Riglos was released a couple of days ago from the Burn Hospital.
On Sunday, May 5, at 11:30 p.m., Justo Fernando Barrientos, a neighbor of the victims in the family hotel in Barracas where they lived, opened the door to the room where the four women were staying, threw a homemade explosive at them, set them on fire, and started a fire. The case ended up in Criminal and Correctional Court No. 14, presided over by Judge Edmundo Rabionne.
On Monday, Justo Fernando Barrientos was prosecuted in this courtroom on the fifth floor of the Palace of Justice for "double aggravated homicide" against the three victims: Andrea Amarante, Pamela Cobbas, and Roxana Figueroa. The aggravating circumstances applied were treachery and common danger. However, the aggravating circumstance specified in Section 4 of Article 80 of the Penal Code, which refers to the specific crime of hate crime, was not applied, nor was gender violence considered.
In Argentina, in 2012, Law 26.791 introduced reforms to several sections to criminalize aggravated homicides related to gender-based violence. Section 4 of Article 80 (which refers to homicides) was expanded to specifically include hate crimes to protect groups particularly victimized due to their gender identity and sexual orientation, such as lesbian, gay, bisexual, transsexual, transvestite, transgender, and intersex (LGBTI) people.
“It makes hatred toward lesbians invisible”
"The sentence is the same. But by not including the aggravating factor of hate, it obscures the hatred toward lesbians," María Rachid, head of the LGBT Ombudsman's Office, explained to Presentes . The court believes there is no evidence to prove such hatred, although it does exist.
Witnesses told Presentes a few weeks ago that Barrientos insulted the women based on their sexual orientation and had already threatened to kill two of them. He also viciously attacked them. After the attack, when the women managed to leave the room, Barrientos began beating them and pushed them back toward the fire.
But that wasn't taken into account in the prosecution. "This points the way forward for the investigation. It's not definitive, so excluding the obvious is a political decision," Rachid said.
Injuries, in Sofia's case
In Sofía's case, the description of the attacker is striking because it is limited to "injuries." The only survivor is filing a complaint with attorney Gabriela Chiqui Conder.
“Sofía is a survivor, the only one. These aren't just injuries. An explosive device was thrown at her, her companions died. There was a clear intention to kill all four of them. Unfortunately, this approach has always been repeated in the judiciary. The judicial system repeats a patriarchal perspective, from years ago, and despite the laws and advances on gender issues, it continues to ignore them,” says Conder. She was the one who defended Eva Higui de Jesús in the trial a few years ago, and she was ultimately acquitted.
Sources close to the case explained to Presentes that, although these testimonies describing Barrientos' hatred toward four lesbians exist in the press, those included in the case were collected by the police. The ruling contains striking details about the victims' personalities, from the police's perspective. They also stated that the case is provisional because the judge can change it.
Meanwhile, Barrientos is detained and already in prison, having spent time in the Alvear Neuropsychiatric Hospital. He has attempted suicide several times.
How Sofia is recovering
Sofía was able to leave the Burn Hospital, where she had been transferred from Pena.
She has been supported by the LGBT Ombudsman's Office and the organizations Yo No Fui (I Was Not) , No Tan Distintes (Not So Different ), and some members of the Barracas Assembly. Since leaving the Hospital del Quemado (Quemado Hospital), she has been receiving care at the Laura Bonaparte Hospital, a mental health referral center. At the request of the LGBT Ombudsman's Office , which supported all the victims, and the organizations, this initiative was coordinated with the Hospital del Quemado (Quemado Hospital) and the Bonaparte Hospital's regional team.
Sofía now lives in an apartment, rented for a few months thanks to the solidarity network established by feminist movements and organizations to receive donations. She was in a housing emergency and lost everything she owned in the fire. The money raised was used to buy food, hygiene and cleaning supplies, and clothing, among other things. Through the people who support her, she expresses her gratitude to the entire community.
At the Ni Una Menos demonstration on Monday, among other things, they demanded reparations for her .
Tomorrow at 6 p.m., to mark the one-month anniversary, there will be a march from Plaza Colombia to Plaza Quinquela Martin (Suárez 1534) organized by self-convened lesbians with the slogans: It's not freedom, it's hate, it was lesbicide, the State is responsible.
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