10/25/2020 2:11 PM
Clarín.com
Police
Updated 10/25/2020 2:11 PM
Pain, anger, indignation.
Sometimes words are not enough to express what generates the cases of rape, femicide and acts of insecurity.
The inaction of the authorities and some controversial decisions by the Justice add a feeling of powerlessness.
The explosive combo is completed by the violence that is taking over more and more spaces in society.
The result:
cases of "justice by own hand", lynchings, which are multiplying throughout the country
.
This week, Tucumán was the scene of two events.
In that province there are 13 in the year.
The most shocking occurred after the rape and murder of 9-year-old Abigail Riquel on Sunday morning in the 240 Viviendas neighborhood of El Manantial, in the south of the provincial capital.
The main suspect was José Antonio “Culón” Guaymás (25), who had been released from jail less than ten days ago.
The police were looking for him but first they found him neighbors from the Ellen White neighborhood.
When they recognized him, they began to beat him, kick him on the ground and attack him with machetes.
It is not yet confirmed that Guaymás was the author of Abigail's abuse and femicide.
“
It wasn't me, it was my cousin!
”
, He would have managed to say while the mob lynched him.
For the murder of "Culón", the prosecutor Ignacio López Bustos investigates two people who were recorded on videos as the first who attacked the suspect of killing the girl.
On Thursday, when they went to arrest them, the neighbors prevented it.
A mob attacked Guaymás with blows on Wednesday in Tucumán.
Hours after that case, another group of people attacked a 16-year-old teenager who had stolen a cell phone in Las Piedras and Ernesto Padilla Avenue in San Miguel de Tucumán.
The minor was saved by the arrival of the Police.
He was hospitalized for a day.
The thief had stolen a woman's cell phone and escaped, but began to be chased by a group of people.
A local journalist managed to record the attack that included blows and stones on the floor.
At one point the boy was thought to have passed away.
The arrival of patrols and the adolescent's mother were able to stop the lynching.
The captor was taken to the Padilla hospital, where he was admitted for multiple injuries.
The thief's mother protects him after the attack.
Photo: Tucumán Context
The cases of "justice by own hand" end up becoming a paradox, since, on the one hand, when the accused of a crime is assassinated, the process against him is exhausted.
But
the aggressors do not always find the real culprit they want to avenge
.
And at the same time the same lynchings, contrary to the rule of law, end up going unpunished.
Clarín
made a compilation of different lynchings that occurred in our country and that ended without those responsible, even when the victim of the homicide was not the person they were looking for.
Lynched by mistake
Jorge Oviedo Cayul (56) was assassinated and his house was set on fire in the sector known as Fraction 14 of the city of Comodoro Rivadavia, in Chubut.
On March 25, 2019, a group of neighbors confused him with the father of a young man who hours before had abused a child.
After being severely punished with kicks to the chest and head, the man died on the way to hospital.
Shortly afterwards, it was found that her son had nothing to do with the rape since at the time of the incident, he was working, as it was verified through the testimony of witnesses and colleagues.
The house of the accused of rape was set on fire by neighbors in Comodoro Rivadavia.
The most unusual thing is that the true perpetrator, who was a minor, also participated in the fatal beating.
After hard work and thanks to the presence of cameras at the site, it was possible to identify 13 of Cayul's assailants, five of them between 13 and 15 years old (including the perpetrator of the abuse), making them unimpeachable and they were taken into custody and the action of a juvenile judge.
Today, a year and a half after the tragic event, there are eight defendants, among whom is a woman.
They are accused of the crime of "homicide in aggression", a figure that does not impose long sentences but is the one found in the criminal code due to the impossibility of knowing for sure which or which of the accused were the authors of the blows that they caused the death of Oviedo Cayul.
This qualification provides for a penalty ranging from 6 to 8 years.
The average age of the accused is 25 years.
The accused spent nine months in preventive detention.
And most of them suffered their grief due to Covid-19 or because in some cases they had disabled relatives or minors in charge.
Next Wednesday the preliminary hearing will be held in which the date of the oral trial will be set.
José Oviedo Cayul was mistaken for the father of a boy's rapist, they killed him and set his house on fire.
His son was innocent.
Photo El Comodorense
“Everything was delayed due to the issue of the pandemic.
Besides the complexity of the issue, there are many people who must be present at a hearing, including defendants, defense attorneys and representatives of the justice system, ”
Camila Banfi, the prosecutor in the case
, told
Clarín
.
“Everything becomes very complicated in cases of this nature.
To give examples, some of the witnesses we encountered were relatives or neighbors of those who had participated in the beating.
There were even women with their children and pregnant women who participated in the incident in a minor way, that is, with a mild aggression on the victim, ”he added.
According to the prosecutor, one possibility is that the accused resort to the abbreviated trial figure, which could lead to a penalty and perhaps avoid years of trial.
Kicks that hurt the Pope
David Moreira, 18, was lynched by residents of the Azcuénaga neighborhood of Rosario, after taking a wallet from a young woman.
The episode occurred on March 22, 2014. Three days later, he died of a head injury that caused a loss of brain mass.
The investigation determined that they beat him for fifteen minutes and even threw the motorcycle on which he was driving along with an accomplice who managed to flee.
People who passed by the place stopped to participate in the attack.
The case even deserved a reflection from Pope Francis, in a letter that he sent at that time to two people residing in Sweden.
David Moreira (18) was killed for stealing a young woman's wallet in 2014.
According to the investigation, between thirty and fifty people were able to beat him.
A 10-second video that went viral, testimonies and conversations on social networks allowed the identification of a few people, but only three were charged.
One of them accepted last year, in an abbreviated trial, his participation in the event.
The young man, who was 29 years old at the time of the attack, received a three-year suspended prison sentence for being a co-perpetrator of homicide in assault.
Very far from the expectation of justice demanded by the Moreira family.
Two other people are still awaiting trial.
For them the prosecution asked for six years in prison.
In a first stage of the investigation, the prosecutor Florentino Malaponte wanted the people named to be charged with participating in the lynching for double-qualified murder for cruelty and the participation of two or more people, a qualification for which a life sentence could be reached .
Finally, he was inclined to present the case as a manslaughter, for which sentences of between 2 and 6 years in prison can be handed down.
The change was due to the fact that, as Malaponte explained, the autopsy and subsequent studies failed to identify whether there was a single fatal blow, so he understood that it was not possible to point to a person as responsible for the impact that ended Moreira's life .
Furthermore, the prosecutor determined that there was
no plan to assassinate the victim and that the aggressors had no "intention to kill,"
even when they beat him fiercely.
Rapist in Mar del Plata
The versions could never be confirmed and the investigation into the lynching of a rapist in the Belisario Roldán neighborhood, on the outskirts of Mar del Plata, never made progress.
When the police arrived, the man's body was lying in the field where it had been discovered, with his pants and underpants low, holding a five-year-old girl.
He was beaten to death.
One of those versions indicated that the abuser had been discovered by a motorcyclist, who saw him half-hidden among the grasslands of a wasteland with the girl that the entire neighborhood was looking for: a few minutes ago he had disappeared from the market that his grandparents attended.
That the motorcyclist, said that story, came to the rescue of the little girl and killed the rapist.
The Belisario Roldán neighborhood where the neighbors killed a rapist.
Photo Fabián Gastiarena.
But the wounds on the body of Roberto Andrés Romero, a 40-year-old man whom his wife had reported twice for gender violence, gave an account of other events.
The autopsy revealed that the abuser had severe trauma to the left parietal and multiple blows to the entire body, broken vertebrae as well as defense injuries, as if he had put his hands in an attempt to defend himself.
The forensic report indicated that he had been attacked by several people.
The girl was rescued, a team of psychologists appointed by the Justice worked to contain her.
A close friend had commented to this newspaper, in those days, that he was "physically well."
The incident occurred on a hot December evening in 2012, in an open field in the Belisario Roldán neighborhood, located about 8 kilometers west of downtown Mar del Plata.
The Bonaerense agents found no witnesses, not a single one, no one had seen anything.
"They were very weak testimonies," recalled now a spokesman for the Paulo Cubas prosecutor's office, in charge of the case, which ended up in the archive.
With information from correspondents in Mar del Plata, Chubut and Rosario.
EMJ
Look also
The shocking details of the autopsy of the suspect in the crime of Abigail Riquel who died lynched
Another lynching: a man who had beaten his partner died after being attacked by a group of neighbors