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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