- Femicide charges were confirmed allowing the trial to proceed for the murder of trans woman Diana Sacayán.
- Argentina femicide criminal code allows no mitigating factors to be introduced when the crime is perpetrated someone who had an intimate relationship with the victim.
The Constitutional Court agreed with the judge Gustavo Pierreti, who said Gabriel David Marino and Félix Alberto Ruiz Diaz committed homicide aggravated by gender violence. However, the court dismissed the theft charges.
Renowned transgender activist Diana Sacayán was found murdered in her home in Buenos Aires, Argentina, on October 13th.
Diana was well respected within the LGBT+ community in her home country, having worked with the LGBT+ rights group Movimento Antidiscriminatorio de Liberacion as well as acting as Trans Secretariat on the board of ILGA. Thanks to her and other advocates Argentina has arguably the world’s most progressive gender identity law,
Dianas didn’t make it to the 30th National Women’s Meeting, held in Mar del Plata on the weekend of the 10th of October, where she was scheduled to appear alerting her friends concerned for her whereabouts and safety.
For the judges Carlos González and Mariano González Palazzo “there is no doubt” that Sacayán “suffered a violent death while inside her home”, in her 13th-floor apartment at Rivadavia 6747, where her body was found.
The judges took into account the statements of witnesses, including the building manager and a friend of the victim, phone calls and images recorded by a security camera of a nearby bank.
According to records of the indictment by Pierretti, the victim had previously met one of the defendants, Marino.
The Court evaluated, too, the laboratory studies on a condom found in the bathroom of Sacayán’s apartment with results incriminating Marinol.
But the judges considered that robbery was not proven and they revoked processing issued in the first instance.