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It has been one year since the murder of Ociel Baena , a magistrate of the Electoral Judicial Branch of Aguascalientes, and Dorian Herrera, his partner. On November 13, 2023, the couple was found dead in their home in the city of Aguascalientes. The Prosecutor's Office at the time stated that it was "a matter of a personal nature ," a narrative supported by the state government. A year later, this crime remains unpunished. The Justice Department has not changed its narrative nor provided any new information about the incident.

Presentes contacted the communications department of the Aguascalientes Prosecutor's Office, but the Prosecutor's Office stopped responding once the reason for the call was explained.

In November 2023, the Attorney General's Office's swift statement that the case was a personal matter sparked outrage. The slogan " crime of passion, national lie " was established. In more than 30 cities across the country, activists and LGBTI+ people mobilized and demanded an investigation with a gender and sexual diversity focus, as well as an investigation into the constant threats and hate speech Baena received on social media.

The Prosecutor's Office withholds information about the crime 

In February and June 2024, the Transparency Committee of the Aguascalientes Attorney General's Office ordered that the investigation into the crime against Ociel Baena be "reserved" for five years. This resolution can be read at this link .

That document, dated July 1, 2024—seven months after the magistrate's murder—states, "The investigation file is currently in the initial phase of the investigation and, consequently, under investigation." It adds, "Due to the nature of the incident, the investigation reveals circumstances that are entirely related to the private lives of the parties, so it is necessary to safeguard the right to privacy."

The Prosecutor's Office also asserts in that report that Baena's family expressly requests that the investigation file "not be made public and not be covered by the media." Journalist Javier Risco interviewed Baena's father in February 2024, and in his article published in El País , Mr. Baena states that no such agreement existed with the Prosecutor's Office.

In August 2024, Ociel Baena's father told the media outlet Milenio that the family is "emotionally exhausted" and that they reject the Prosecutor's Office's version of events, which failed to open new lines of investigation that would take into account his son's gender identity and the constant threats he received. He also commented that, for fear of reprisals, they no longer seek to "fight with the Prosecutor's Office."

For the Aguascalientes Prosecutor's Office, what happened to Ociel Baena and Dorian Herrera was a crime of passion. A year later, the court has not published any new information or progress in the investigation. This narrative was also replicated and disseminated by the media. 

The Federal Law on Transparency and Access to Public Information states in Article 112 that investigations conducted by the Public Prosecutor's Office may not be classified as "confidential" when "the information is related to serious human rights violations or crimes against humanity."

The organization Letra S has documented that the Mexican press has been labeling violent deaths against LGBT people as "crimes of passion" for at least five decades. In their 2022 report, they recorded a case that was categorized as such without legal basis as part of their investigation.

"It is a state crime because it was a persecution of something unconstitutional."

“The crime against my sister Ociel is, as I have said before, a state crime because she lived under threat, just like me, from a tremendous wave of hate speech. It is a state crime because it was a persecution of what is not established, of what is uncomfortable. Furthermore, local authorities cling to the idea that it was a 'crime of passion' without investigating these threats or considering my sister's non-binary identity,” said Salma Luévano, national coordinator of inclusive economy within the Ministry of Economy and former federal deputy, in an interview.

In November 2023, Luévano filed a request that the Attorney General's Office take over the case due to the lack of gender and sexual diversity perspectives at the Aguascalientes Attorney General's Office.

“The Attorney General's Office responded to me by stating that the only people who can request this are Ociel's family, and we must respect the family's desire to remain anonymous. Taking this matter to the federal level is necessary because there is no clarity or progress in the investigation, and mechanisms are needed to organize investigations that take into account gender identity, as well as threats and hate speech, like what my sister unfortunately experienced,” said Salma Luévano.

Who were Ociel Baena and Dorian Herrera? 

Ociel Baena was the first non-binary person to hold a public position in the Judiciary as an electoral magistrate in the state of Aguascalientes. She also organized the first National Congress on Strategic Litigation for the Defense of the Rainbow Quota in Mexico.

Baena filed a personal lawsuit to have her gender identity recognized on her identification documents. One of these legal actions served as a basis for the National Electoral Institute (INE) to issue voter ID cards today that recognize non-binary identities (with some exceptions).

Dorian Herrera was originally from Aguascalientes. According to published reports, he was a lawyer and participated in modeling contests.

The legacy

“"Ociel Baena's absence has been felt from the first moment this terrible event happened. But his legacy, his great love, and his fight for rainbow quotas also remain. A door we opened and that needs to be opened more and more," Luévano adds.

Ociel Baena, along with Salma Luévano, are the driving forces behind "rainbow quotas" in Mexico. These are affirmative actions that seek political representation for LGBTI+ people. These were first implemented in the 2021 elections by the National Electoral Institute to guarantee the participation of LGBTI+ candidates in political parties to run for the Chamber of Deputies.

Recently, two representatives in Aguascalientes presented an initiative seeking to declare November 13 as the "Day Against Discrimination and Violence Against Non-Binary People" in honor of Baena. This initiative aims to raise awareness about violence and create public policies to combat discrimination against this population.

Additionally, in Coahuila, Baena's home state, her family and the San Aelredo organization presented an initiative to the local Congress seeking to establish November 13 as the "State Day of Non-Binary People." The goal is to honor the magistrate's memory and reflect on violence against non-binary people.