Tehuel trial: Ramos was convicted of aggravated homicide due to hatred of gender identity.
The Second Criminal Court of La Plata sentenced Luis Alberto Ramos for the aggravated homicide of Tehuel de la Torre in the context of hatred for his gender identity. It also requested compensatory measures for transvestite and transgender communities.
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After seven lengthy hearings in the trial that began on July 15 , today the Second Criminal Court of La Plata sentenced Luis Alberto Ramos to life in prison for the aggravated homicide of Tehuel de la Torre, motivated by hatred for his gender identity. This is the first time that Argentine justice has addressed the murder and disappearance of a trans man.
He thus established that Ramos was a co-author of the murder and the disappearance of Tehuel's body. Oscar Montes, the other defendant, has not yet been tried because a jury was elected. They were the last people with Tehuel, on the night of March 11 and the early morning of the 12th.
"The defendant not only took Tehuel's life motivated by hatred for his gender identity, but also sought to eliminate the only tangible thing that remains of a human being when they die, preventing their loved ones from having their body to say goodbye," stated the verdict signed by Judge Claudio Bernard, president of the Second Criminal Court of La Plata, in a historic sentence, which was read aloud for 40 minutes by two court secretaries.
Regarding the request for the court to incorporate community reparation measures into its ruling, the petition included the creation of a protocol for searching for missing LGBTI persons and the declaration of a social emergency in relation to violence due to prejudice against transvestite and trans people.
Norma Nahuelcura, Tehuel's mother, said: "I want to thank everyone who has come to help us seek justice for my son. This doesn't end here because we want the other perpetrator to be convicted and for the search for Tehuel to continue so he can rest in peace. May there never be another Tehueles, may there never be violence against trans people again."
The young trans man was about to turn 22 and had gone to see Ramos, whom he had known for a few years. Ramos had lent Tehuel money, was a sort of role model for him, and had called him for a job as a waiter at an event. When Tehuel's trail disappeared, Ramos didn't cooperate with the search, tried to evade justice, and was arrested for perjury.
A hate crime
Judges Claudio Joaquín Bernard, Ramiro Fernández Lorenzo, and Silvia Hoerr based their decision on a series of pieces of evidence and clues. Together, they established Luis Alberto Ramos's guilt in the transhomicide of Tehuel de la Torre. Among the most compelling evidence, they mentioned the geolocation of Tehuel's cell phone near Ramos's home. Additionally, they mentioned a selfie taken from the defendant's cell phone showing him with the victim, and the discovery of charred remains of Tehuel's jacket and the burned casing of his cell phone near Ramos's home.
One of the most significant elements was the discovery of blood stains on the interior wall of Ramos's home, whose DNA analysis confirmed that they belonged to Tehuel with 99.9999% certainty. The court also considered Ramos's flight behavior after Tehuel's disappearance, including his attempt to hide and the change in his physical appearance, as evidence of guilt.
The court classified the incident as aggravated hate homicide based on gender identity, based on evidence demonstrating Ramos's disdain for Tehuel's gender identity.
After citing the Equal Marriage Law, Judge Bernard stated in his ruling: "Ramos did not adhere to these non-patriarchal models of conceiving a couple. She established the parameters of her personal relationship with Tehuel by not publicly acknowledging his sexual identity with phrases like 'boy, girl' or 'woman is for man and man is for woman,' such that they can only be taken as derogatory. Furthermore, she placed financial constraints on him by promising him work and offering him money, thereby creating an economic dependency, so without a doubt the defendant took advantage of the victim's vulnerability."
The Court thus unanimously ruled that Ramos was a co-author of the murder and the disappearance of Tehuel's body. Oscar Montes, the other defendant, has not yet been tried, as a jury was elected. They were the last people with Tehuel, on the night of March 11 and the early morning of the 12th, as evidence analyzed at trial shows.
The role of activism
The Association of Tehuel's Family and Friends, which together with Orgullo y Lucha (Pride and Struggle) had called for support with street activities in front of the courthouse since the first day of the trial, was also joined today by sexual diversity and human rights organizations, LGBT+ activists from other cities, and student, political, union, and social groups.
In the last hearing before the verdict, after the testimony of 64 witnesses - among them Tehuel's mother, Norma Nahuelcurá, his girlfriend, Ramos' relatives, ex-partners, a fellow activist in the MST (from which he was expelled) and several experts - prosecutors Juan Pablo Caniggia and Martin Chiorazzi found it proven that between 9 p.m. on March 11 and 4:33 a.m. on the 12th, at Ramos' house in Alejandro Korn (San Vicente), he and Montes "intentionally caused the death of Tehuel De La Torre motivated by hatred of his gender identity and sexual orientation, using methods that have not yet been determined."
The prosecution also presented arguments about the context of violence and hatred faced by trans masculinities, where exclusion from the workplace is just one of the many forms of discrimination they face on a daily basis.
Convincing evidence and a demand for justice
The argument of the legal team representing Tehuel's family—Flavia Centurión, Cristian González, María Dolores Amaya, and Pilar Rodríguez Genin—continued. Both the prosecution and the plaintiffs asked the court to find Ramos responsible for the murder and disappearance of Tehuel's body, aggravated by hatred of gender identity. They also explained the cruelty of the crime, a characteristic of extreme violence against LGBT+ people. "Violence against the LGBTI community has a particularity: cruelty and viciousness that is intended to leave an indelible mark. It is as if the victim's body were a second hostage to their hatred." Ramos not only denied the possibility of Tehuel's existence but also relentlessly concealed his lifeless body. These ideas were also expanded upon by the court in the ruling.
“It is a vital failure”
Presentes prosecutor Juan Pablo Caniggia commented on the verdict: "We were surprised by the unanimous decision and also by its forcefulness. They left no issue untouched; they were very specific in their assessment of the evidence and the facts, and they delved deeply into the case law." Caniggia emphasized the importance of the verdict: "It's a vital, extremely important ruling that begins to shed some light on these situations that are not visible to a certain segment of society and that are happening."
He also highlighted the crucial role of activism throughout the judicial process: "Support is extremely important. It helps us see something that many don't, and without that support, without that support, these types of issues are more difficult."
Regarding the additional measures requested, the prosecutor expressed satisfaction with the Court's acceptance of his request for a protocol for searching for missing LGBTQ+ persons and the declaration of a social emergency: "That they've welcomed it and resolved it this way is truly fantastic, because it will also be of benefit to all of us who operate in the justice system."
"Today it was demonstrated that the Judiciary can be independent."
For her part, lawyer Flavia Centurión, representing Tehuel's family, spoke under the rain and accompanying the mother, telling Presentes : "We are happy because justice has been done. Today it was demonstrated that the Judiciary can be independent and can rule in accordance with what our Constitution and Human Rights require, especially regarding the rights of the LGBT community."
Centurión also highlighted the importance of this ruling in the current context: "The most important thing is to demonstrate to the National Executive Branch that the Constitution must be respected, that we have norms that cannot be violated. No matter how much one thinks or denies sexual diversity, it is legally recognized and no one can disregard it. Today we have the peace of mind that we have a Judiciary that maintains this recognition of rights."
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