In Argentina
Police Lose Arbitrary Arrest Power Or Have They?
By Alejandra Sarda
Courtesy Phyllis Frye
On October 10, the new statute for the autonomous Buenos Aires city was
signed by the Governor, Mr. Fernando de la Rua. From that point on police have lost their power to arbitrarily arrest people. But, is it really so?
Transvestites and sex workers have been arrested in growing numbers during the
last week, to be immediately released after police officers dutifully
explained to them how their lot will be much worse under the new legislation. Why?
Because the police make considerable profit - estimated at $ 1,000,000 a
week- by bribing and blackmailing sex workers, transvestites, illegal
gamblers and others. It is very unlikely that they will voluntarily give up
such a profitable business.
Under the new legislation, people can be arrested only if they are caught
in 'a flagrant criminal act'. It is very easy for police officers to
'produce' those criminal acts, through the use of false witnesses, or by
placing drugs in the house/car/clothes of anyone they want to accuse, etc.
Another worrying factor is that those judges who are needed
for the new legislation to be enforced have not been appointed yet. They will be
chosen by the Governor, Mr. de la Rua, a well known conservative politician. The
first verdict issued by those judges will be the utmost importance - as it will
settle a precedent.
This morning, a noisy and courageous group of transgender people, lesbians,
gays and pansexuals placed themselves right in front of the Colon Theatre,
where the statute was being signed. Three people from the community were
inside, invited along with other NGO's (nongovernmental organizations) representatives. But the militant
action took place in the street. For about 3 hours, members of ACT UP and
Young Gays and Lesbians Group used their microphones to denounce the above
stated facts to the representatives, specially invited guests and passers by.
Sandra - a transgendered lawyer for whom it is almost impossible to practice
her profession- used hers to educate the public on the daily sufferings of
transgender people in police's hands and also to provide practical advice on
how to act under police brutality in the light of the new legislation. A huge
banner read: 'Police Edicts are gone, the Federal Police is still killing us".
Our VP, a very homophobic Mr. Carlos Ruckauf, had to face a crowd of
activists demanding in angry voices for an answer to the unsolved deaths of
50 transvestites during his term as Internal Affairs Minister (1993-1995).
Activists were carrying a huge coffin with several names of police victims written on it.
Once the statute was signed, a few representatives walked through downtown
giving copies of the statute to people who were passing by. The queer
contingent followed them, helped them to distribute the copies, and
enthusiastically greeted those who were the advocates of both the Edict's
repeal and the non-discriminatory clause: representatives Maria Jose
Lubertino, Patricia Bullrich and Eugenio Zaffaroni. The event ended at the
city cultural's heart, the Obelisco, where the queer contingent plus Ms.
Lubertino released a lot of colorful balloons as a symbol of 'freedom for all
genders', in Nadia Echazu -OTTRA's president- words.
From now on, we will live among hopes and fears, in equal amounts.
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