We mourn the death of Jesús Ociel Baena, non-binary magistrate of the Electoral Tribunal of Aguascalientes in Mexico and we demand that the authorities carry out an exhaustive and bias-free investigation

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A protester holds a photo of the magistrate of the electoral court of the state of Aguascalientes, Jesus Ociel Baena, in Mexico City, on Monday 13 November 2023. © AP / Eduardo Verdugo

Until October 2023, according to the organization Letter S, have been registered at least 50 homicides of LGBTI+ people in Mexico, of which 3 people were social leaders or human rights defenders with visible work in their community, of these 2 They were gay men and a trans woman..

The rise of these violent events in Aguascalientes is alarming. The murder of Jesús Ociel Baena, joins that of activist Ulises Salvador Nava, who was murdered this same year outside the Discover Museum, after attending a meeting between activists in the country. Both cases are of human rights defenders of the LGBTI+ population, which generates fear among LGBTI+ activists and authorities in Mexico, whose life and integrity would also be at risk.

According to the Aguascalientes State Prosecutor's Office, he 13 November, the lifeless bodies of Jesús Ociel and Dorian Nieves were found in their home and had cutting wounds that presumably ended their lives..

Despite not yet having all the evidence and forensic studies, Hypotheses and conclusions of the facts have been advanced as “a matter of a personal nature”, that could strengthen stigmas and lead not only to hinder the clarification of what happened but also to bias investigations based on prejudice.. Therefore, we urge the Aguascalientes State Prosecutor's Office to:

    • 1. Do not make advance conclusions until you have sufficient elements based on the evidence provided by forensic medicine studies., and a comprehensive and exhaustive investigation of the facts.
    • 2. Approach the investigation with the first hypothesis being that this crime was motivated by prejudice against sexual orientation., actual or perceived gender expression or identity of victims.
    • 3. Determine if the crime was committed due to the visible human rights defense activity carried out by Judge Ociel Baena., since this information can provide useful data for identifying possible motives or people involved..
    • 4. Undertake exhaustive investigation procedures with a human rights perspective, gender and sexual-gender diversity to avoid biased positions from the beginning of the research.
    • 5. Avoid characterizing the events as a “crime of passion” as a result of emotions or motivations related to your relationship., This classification minimizes the seriousness of the crime and can lead to abandonment or shelving of the investigation..
    • 6. Do not incur in the re-victimization of people by not knowing their gender identity or ventilating and using aspects of their life or their gender expression to justify hypotheses lacking evidentiary support..
    • 7. Consider the history of threats that had been reported and that implied protection measures towards Ociel by the State Secretariat of Security., as well as the context of stigmatization, mockery and hate speeches in Aguascalientes that were expressed on social networks against the magistrate.
    • 8. Adhere to the investigation standards established by the Inter-American Court for cases motivated by prejudice towards LGBTI+ people, especially, in the cases of Azul Rojas Marín vs.. Perú y Vicky Hernández vs. Honduras.

From the LGBTI+ Litigators Network of the Americas, We demand the clarification of the facts through a thorough investigation and we express our solidarity with the family and close friends of the magistrate and his partner..

#JusticeWithoutPrejudice #JusticeForOciel #StopImpunity

Litigants Network