Blue Red Marinthe trans woman who in 2008 was outraged and tortured by three police officers in La Libertad —a case that reached the Inter-American Court of Human Rights (IDH Court), which sued the Peruvian State—, was sentenced this Wednesday, in First instanceto eight years in effective prison.
He Second Supraprovincial Collegiate Criminal Court of Trujillo He imposed the sentence for the crime of criminal organization, although his defense denounced irregularities in the process and the lack of evidence.
The Public Ministry accuses her of being in charge of “granting accommodation to the members” of a criminal network, “hiding them from the authorities, and helping to keep weapons, ammunition, cell phones, and extortion notes,” according to a resolution to which she had access. Infobae.
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However, for his legal defense, it is a “completely arbitrary and without support that violates the rights” of the activist, whom she defends ad honorem since 2019, when she learned of the “chain of irregularities” in the process.
Although the lawyer’s name is in the document, she preferred to keep it reserved for this report. “In a conviction for a criminal organization case, a link must be proven. In this case, there is no evidence to corroborate the tax thesis. There’s no communication. No victim or witness accuses her, not even a special agent, who is understood to be an infiltrated police officer. We do not understand why the referee has failed like this, ”he pointed out to this medium.
The lawyer stated that, when she took the case, she warned her client that if she found evidence that implicates her, she would resign immediately. “Unfortunately there are many abuses. The referee accuses him of using four telephone numbers, but the Prosecutor’s Office has not proven that Azul is the owner. He accuses him of communications, but Azul does not record calls to any of that criminal organization. They condemn her for supposedly providing accommodation, but no member mentions or knows her, ”she explained.
In January 2019, according to the defense, the home of Azul Rojas in La Libertad was raided. So he Public ministry requested nine months of pretrial detention for allegedly illegal possession of weapons, but the request was dismissed three times. In addition, the activist was acquitted.
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“In that same sentence, four other people who were being investigated for criminal organization. (…) In April, as these boys were investigated as members of a criminal organization, they requested a search of all of them, and Azul is pulled up again, now for this crime, because the prosecutor’s thesis mentions that he provides accommodation, “added the lawyer
“The judges have made a mistake because it is pointed out that the day of the raid Weapons were searched, but if (the record) is reviewed, in April they did not find any weapons. Also, there is something relevant. Azul denounced the police officers of the Criminal Investigation Department (depincri) from Paiján who raided his house in January, are the same troops as the prosecution He called as witnesses to achieve the (recent) sentence,” he explained.
A week ago, the defense presented a document on the state of health of blue red to be considered in the process. “If it were a transparent, respectful and objective referee, it would have evaluated the request. But today, arbitrarily, the sentence was read and they ignored it. He leaves a lot to say about this referee, ”he said.
At the close of this note, Azul’s support awaits an official notification to raise a appeal with the one who seeks the nullity of the judgment.
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After knowing the sentence, Promsex, Redress and the National Human Rights Coordinator (CNDDHH), organizations that assumed the strategic litigation when Azul brought her case before the Inter-American Court, indicated in a statement that they continue to accompany her “so that the resolutions pending execution by the State are complied with.”
They added that they have no legal connection to the 2019 process, although they will be “vigilant so that their rights to due process and access to justice are respected.” They also urged the authorities to respect the gender identity in the measures ordered against him.
Azul set a precedent with his case, the first on hate crimes that reached the Inter-American Court. Their legal battle brought to the attention of the international community the context of discrimination and structural violence against LGTBI community in Peru.
In November last year, at a public ceremony held at the Ministry of Justice and Human Rightsthe State recognized its responsibility and requested a historic pardon.
