LA PLATA, Buenos Aires Province . _{Today, the Oral Criminal Court No. 2 announced the sentence in the first trial for the murder of Tehuel de la Torre. The young trans man was about to turn 22 on March 21, the last day he was seen alive. Luis Alberto Ramos was found “criminally responsible as a co-perpetrator of the crime of aggravated homicide under Article 80, Section 4 of the Penal Code, an act that occurred in the town of Alejandro Korn between the late hours of March 11 and the early hours of March 12, 2021, and of which Tehuel De la Torre was the victim.” This means that the court applied the aggravating circumstance of hate based on gender identity (Section 4).}

_{The sentence is not the first conviction for a hate crime; the pioneering one was the 2018 conviction for the transphobic murder of Diana Sacayan. However, this is the first time the transphobic murder of a trans man has been investigated and convicted. Among the reparations, the court calls on the Ministry of Women, Gender, and Diversity of the Province of Buenos Aires—as requested by the prosecution and the plaintiffs—to create a specific protocol for searching for missing LGBTIQ+ people, with a focus on sexual and gender diversity. It also requests a declaration of a social emergency regarding violence motivated by prejudice against trans people, for the appropriate purposes. However, the court rejected a request from the plaintiffs to urge the three branches of provincial government to comply with the trans employment quota law known as the Diana Sacayan Law, ruling that it is not the Judiciary's role to reinforce the existing legal mandate.}

Throughout the trial, Tehuel's serious difficulties in finding a job had been mentioned, as well as the discrimination he suffered for being a trans man.

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Activists celebrated the ruling, which reviewed various legal frameworks from both Argentina and the international human rights system. These included legislation predating the passage of the Equal Marriage Law, rulings from the Supreme Court of Justice of the Nation, as well as the Yogyakarta Principles and standards of the Inter-American Court of Human Rights. 

“In a landmark decision, the Argentine justice system has recognized for the first time extreme gender-based violence against trans men and set a significant precedent for the prevention and handling of bias-motivated violence against trans and gender-diverse people,” stated the Pride and Struggle Front, an umbrella organization for various LGBTQ+ groups. Together with the Friends and Family Commission for Tehuel De la Torre, they played a crucial role, first in ensuring the trial was not postponed until 2027, as originally planned, and then in engaging with the justice system, particularly the prosecution, to address the challenges of judging the case of Tehuel, a young trans man from the Greater Buenos Aires area.

Most of those who heard the reading of the verdict, which lasted 40 minutes and spanned 83 pages, described it as "historic." Here's why.

_{Juan Pablo Caniggia, prosecutor}

“We were surprised by the unanimous and forceful nature of the Court’s ruling. They left no stone unturned. They were very specific in their assessment of the evidence and the facts, and they delved into the relevant case law.” Caniggia emphasized: “This is a vital, extremely important ruling that begins to bring to light these situations that are invisible to a segment of society but are actually happening.”.

The prosecutor highlighted the role of activism during the legal process: "Support is extremely important. Without that visibility and support, these kinds of issues are more difficult.". 

Regarding the additional measures requested, the prosecutor expressed his satisfaction that the Court had accepted his request for a protocol for searching for missing LGBTQ+ people and the declaration of a social emergency: "That they have accepted it favorably will benefit all of us who work in the justice system.". 

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_{Agustina Ponce, trans activist, Equal World Association (AMI)}

“At this time of national hatred and ignorance on the part of national officials regarding laws that protect the LGBTIQNB+ community, hearing the reasoning behind this ruling has been exemplary,” said Agustina Ponce, a trans activist with the Asociación Mundo Igualitario (Equal World Association). The former Undersecretary of Diversity at the Ministry of Women, Gender and Diversity added: “It is also a lesson for those who are unaware of the laws. Tehuel is missing; they don't say where he is. But we have a ruling that was the result of a great deal of work.”.

_{Florencia Guimaraes, trans activist and president of La Casa de Lohana y Diana}

"It is important to highlight the struggle of the LGBTI movement, the effort, the fight, having put their bodies on the line in this very important trial that would not have been possible without the LGBTI movement. That is what I would like to emphasize: the struggle of the community to once again carry out a trial for a hate crime as we did in the trial for Diana Sacayán.".

Ivana Gutiérrez, Conurbanes for diversity

“It’s a unique and historic ruling. And it’s important to say that we still want him to be found; we want to know where Tehuel is,” said Ivana Gutiérrez of Conurbanes por la Diversidad (Suburbanites for Diversity). This grassroots organization, within the framework of the Pride and Struggle Front, carried out important and fundamental work in coordinating and supporting the investigation, as well as working with the legal team representing the plaintiffs.  

Ian Rubey, trans masculinity, Pride and Struggle

"To say that in these times, in a week and a year in which our freedom to live has been constantly attacked, even denied, it is crucial that the judiciary has issued an exemplary ruling. Let these people know that our lives matter, that we are subjects of rights, and that we have each other. There is a second trial to come, it's true, but today sets a powerful precedent. Their impunity is over, no more didactic violence against our bodies. Tehuel is our cry to demand justice and visibility for all transmasculine people who have experienced and continue to experience violence for not conforming to societal norms.".

_{Marcela Tobaldi, transvestite activist, The Orange Rose}

_{“This court has done an excellent job, understanding the hate crime committed against Tehuel. Besides the fact that everything is overwhelmingly proven, the court's ruling reviewed international law, citing the Yogyakarta Principles, all the legal principles that affirm that LGBT communities worldwide need to be protected and respected. It's a historic event that marks a turning point in criminal law. Just a few days ago, the Minister of Justice, Mariano Cúneo Libarona, made very offensive statements that go against all the human rights of the LGBT community. And this ruling says: 'No, that's not how it is.' It has a human rights dimension and a very political one, so I believe that this windfall we're experiencing right now, as Mónica and Tehuel's mother said, is a blessing, and I think we've triumphed. I hope that our LGBT community continues to be respected, at least in the province of Buenos Aires.”.}

_{Claudia Vásquez Haro, trans and travesti activist, president of Otrans Argentina}

_{“The ruling is historic for several reasons, not only because it condemns the person who disappeared Tehuel and never spoke or revealed his whereabouts. It is not only a ruling that sets a precedent, but also, in a context where we have a Minister of Justice like Cúneo Libarona, who ignores our existence in terms of a “subjective idea,” here we have a sentence that clearly speaks of the murder of a trans person, motivated by hatred of their gender identity.”.} 

_{Darío Arias, Conurbanes por la Diversidad}

«_{This ruling is the result of a legal strategy, but fundamentally a political one, driven by social mobilization. It was achieved thanks to the strength of Norma Nahuelcurá, Tehuel's mother, and the Association of Family and Friends of Tehuel de la Torre, as well as the sexual and gender diversity organizations. I want to highlight the role of the National Pride and Struggle Front, which supported the family throughout the entire process, and the crucial support from gender institutions and those dedicated to preventing and addressing discrimination, through the former Ministry of Women, Gender and Diversity and the former INADI (National Institute Against Discrimination, Xenophobia and Racism) last year. I also want to acknowledge the support at the provincial and municipal levels in the district of San Vicente.} 

_{I believe we are facing a historic ruling, especially because it not only recognizes a hate crime based on gender identity in the province of Buenos Aires, but also adopts community reparation measures, sending a very strong message that no crime against a person because of their sexual orientation or diverse gender identity can go unpunished or be made invisible.”.} 

_{Estela Díaz, Minister of Women and Diversity of the province of Buenos Aires}

_{“We heard a very well-reasoned ruling, which clearly explained why there was sufficient evidence for a conviction, and also very precisely outlined why it is a hate crime. We are facing a landmark ruling,” said the Minister of Women and Diversity of the Province of Buenos Aires. She recalled another landmark ruling, that of the trial for the transphobic murder of Diana Sacayán, “which was unfortunately later overturned by the Court of Appeals .”}

_{“In this case, the legal grounds are very strong, both international and national jurisprudence explains the hate crime as an aggravating factor, as well as the fact that the body was made to disappear. This memory is also present in our history of forced disappearances; it's inscribed in the fact that we don't know where Tehuel's body is. This brings a measure of reparation and historical justice, because we know that both in the province of Buenos Aires and throughout the country, the trans and travesti population in general has suffered impunity in the face of transphobic murders. I believe we must set a precedent for the future, and of course, this will be accompanied by the reparative measures that our Ministry is already working on.”.} 

_{Martín Canevaro, 100% Diversity and Rights}

_{“We worked hard to make this trial happen. From the Pride and Struggle Front, together with Tehuel's family and friends, we promoted awareness campaigns and legal actions that led to this historic ruling. The sentence confirms that we have a robust legal framework regarding violence based on sexual orientation and gender identity, even though the Minister of Justice denies it.”.}

_{We especially value the inclusion in the ruling of community reparation measures, such as the creation of a protocol for searching for missing LGBTI people and the declaration of a social emergency regarding violence motivated by prejudice against transvestite and trans people.”.}

_{Alejo, a non-binary activist, is the president of the Student Center at the Mocha Celis Trans Popular High School}

_{“I was very moved by the outcome of the trial. They were what they had to be; justice was served. And a wound began to heal, one that had been opened up for me personally, because I have an older brother who is transgender, and he was able to live to the same age as Tehuel. So it was very important for me, and thanks to that, I became much more sensitive to the issue. And now we have to keep moving forward, because we are not a minority.”.}