First case of homicide of a trans woman to be recognised as feminicide in Colombia

First case of homicide of a trans woman to be recognised as feminicide in Colombia

For the first time in Colombia, since the issuance of the Rosa Elvira Cely Law, a conviction was handed down for femicide against a transgender woman. This is a landmark ruling as it is the first in the country to incorporate the notion of this criminal offence in a bias-motivated homicide because of the gender identity of a transgender woman.

The Second Criminal Court of the Circuit of Garzón, Huila, found him guilty of the crimes of ".Aggravated femicide in heterogeneous competition with manufacturing, trafficking, carrying or possession of firearms" of a 23-year-old man, who was sentenced in the first instance with a 20-year security measure as it was determined that he was unaccountable.

The victim, who identified herself as Anyela Ramos Claros and worked in a hairdressing salon of the same name, was killed on 9 February 2017 after being shot with a firearm in the back.

The Prosecutor's Office stressed that Anyela's death was due precisely to the fact that she was a woman and recalled that it was not the first time that the perpetrator had attacked her, as months earlier he had already tried to attack her with a knife. She also detailed that this subject, at the time of his capture, tried to "justify his actions by Anyela's sexual orientation", thus demonstrating the aggravating circumstance of prejudice, related to sexual orientation. It should be noted that this sentence took into account the victim's gender identity, even though she had not changed her identity name in her documents.

This would be the second conviction for femicide against a trans woman in all of Latin America, following that of Diana Sacayán in ArgentinaThe first time in the country's history that the notion of "transvesticide" was incorporated into the discussion of gender identity hatred, the human rights activist murdered in October 2015.

The victim's family was represented by Samuel Escobar and Julian Sinning, lawyers from the firm Casas & Escobar Abogados, which is an ally of Colombia Diversa and handled the probono case. According to the lawyers, "In addition to being able to help a family gain access to justice, we are pleased with the way the case was handled by the court in Garzón, particularly in terms of the recognition of Anyela as a woman. This is evidence of a change in the way the judiciary and the prosecution are dealing with bias-based crimes. Clearly much remains to be done and both the state and civil society are called upon to contribute what we can. For us it is an honour to be able to work hand in hand with Colombia Diversa on cases like this.

In 2017 alone, according to Medicina Legal, 758 women were murdered. It should also be noted that in 2017 at least 109 LGBT people were murdered in Colombia, 36 of these were trans women, who generally occupy the highest number of lesbian, gay, bisexual and transgender homicides in the country, as detailed in the report. "Discrimination, a war that won't end". carried out annually by Colombia Diversa.

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