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The courts brought an end to the criminal proceedings against activist and municipal worker Pierina Nochetti this Thursday after reaching a settlement agreement. The criminal case, which had been initiated in 2022 for "aggravated damage," was dismissed. The municipality of Necochea also committed to closing the administrative investigation and considering her reclassification in the 2025 budget.

But for Pierina, it was almost three years of criminal proceedings initiated against her for painting a mural that asked: Where is Tehuel? "I don't want what happened to me to happen to anyone else," Pierina said as she left the first and only hearing of the trial in which this settlement was offered.

Pierina acquitted

“The extinction of the criminal action implies the cessation of the criminal prosecution of Pierina and her acquittal,” Aramis Lascano, Pierina's lawyer, Presentes

He added: “We managed to overcome the intentions of the Necochea municipal government. They began by pursuing her with a criminal case, a disciplinary file, and a social stigma in Necochea. Now we have managed to reposition Pieri so that she can not only be acquitted but also have her labor rights as a municipal worker prioritized.” 

Those present at the conciliation hearing included Pierina, her lawyer Francisco Arrospide, Aramis Amaris Lascano, two judicial officials from the Necochea Attorney General's Office mediation unit, and Jorge Martínez, the municipal secretary.

“The settlement agreement is an opportunity to immediately end the criminal prosecution to which Pierina Nochetti has been unjustly subjected as a lesbian activist and human rights defender,” said Mariela Belski, executive director of Amnesty International Argentina. 

She added: “We hope this will be the starting point for seeking an agreement that will repair the damage she suffered and help put an end to the workplace discrimination she has been subjected to.”

Amnesty International was present at the first hearing of the trial as an “amicus curiae.” The Center for Legal and Social Studies (CELS), the LGBTI Litigators Network of the Americas, and other organizations from the region were also present. In addition, the Institute for Comparative Studies in Criminal and Social Sciences (INECIP) and the Provincial Commission for Memory (CPM) participated as observers of the proceedings.

The Absolution for Pierina collective announced they will submit a bill to Congress to create a memorial space for Tehuel De La Torre. “This entire process could not have happened without the collective struggle and the support of organizations! LGBTQ+ people take care of each other!” they stated on social media.

Without the organizations, this would not have been possible.

In a dialogue with Presentes , Pierina's lawyer, Francisco Arrospide, said: "We reached an agreement and the criminal action was extinguished, and the Municipality committed to canceling the administrative sanction and including her recategorization in the 2025 budget."

The agreement was reached after an intense mobilization that included the support of national and international organizations, and LGBTIQ+ activists. "My assessment is that if she hadn't had the support of all the institutions that did, Pierina would have been condemned. That's why the participation of all the intermediary entities and the coverage in the national media were so important," the lawyer emphasized.

The cause had generated an important network of solidarity, which included the presence of Norma Nahuelcurá, mother of Tehuel de la Torre, the young trans man who disappeared in 2021. 

"Once this happened with Pierina, I honestly felt very bad, because she shouldn't have to face a trial over a phrase," Nahuelcurá told Presentes , and highlighted the mutual support between them: "I always told her: she came to support me in the trial and now I said I'm going to support her."

“I feel very proud that these organizations are helping me, just as they helped Pierina,” added Tehuel’s mother, who is still facing another legal process. “I have another trial, I have to keep going, and I always say: I hope these organizations continue to support me because they are what give me the strength to keep going,” she added.

International repercussions of the case

The case garnered international attention, with presentations made before UN rapporteurs. According to the Center for Legal and Social Studies (CELS), Nochetti "had been facing criminal proceedings since 2022, with consequences for his professional, economic, social, and political life." CELS, along with other organizations from Argentina and the region, filed an amicus curiae brief in the case.

According to Amnesty International, “the case against Pierina has gained international visibility and impact: more than 45,000 activists from the Netherlands, Belgium, Germany, Australia, the United Kingdom, the United States, Canada and Spain, among others, mobilized to express their support and concern, through sending letters and signing online petitions.”