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Juan José Ruiz – Archive.

Judge Juan José Ruiz was acquitted after the political trial that was carried out on him. He himself was accused of issuing a “discriminatory” ruling by sentencing a trans woman to five years in prison in a drug case, taking as an aggravating circumstance her status as a foreigner. Given this, the embargo on 40% of his salary was removed and he was restored to his position.

Ruiz, had been suspended from the position he held in the Oral Criminal Court I of our city. The acquittal was issued by the trial jury presided over by the head of the Supreme Court of Justice of the province of Buenos Aires (SCBA), Hilda Kogan. By a decision that had a large majority, it was determined that Ruíz had not committed any crime.

The rest of the jury that made it up were the legislators Fernando Compagnoni, Emiliano Balbín, Walter Caruso, Daniel Lipovetzky and Carlos Moreno and the lawyers María Rosa Ávila, Ricardo Morello, Daniel Baraglia and Fabián González.

THE SENTENCE OF THE CONTROVERSY

The incident for which Ruiz is being tried occurred in 2014, after the arrest in April of that year of Claudia Córdova Guerra, a trans woman of Peruvian nationality, for the crime of possession of narcotics for sale, on 4th and 64th streets, in full red zone.

The then magistrate of Criminal Court 1 sentenced Córdova Guerra to 5 years and 3 months in prison, and considered as an aggravating circumstance that she was a foreigner. Ruiz considered that the ability of the State to punish foreigners who commit crimes is not a “violation of the principles of equality before the law and non-discrimination among others” but “an exceptional measure”, endorsed by the Constitution “and the international treaties that comprise it.

He pointed out that although it is true that “the principle of equality before the law exists, this is not as true or as absolute as it seems,” and cited as an example article 21 of the Constitution, which imposes on Argentines the obligation to arm themselves in defense of the Homeland, which does not apply to naturalized citizens, who are free to provide this service or not.

After the ruling, transvestite, transsexual and transgender organizations repudiated the ruling as “xenophobic and discriminatory”. It should be noted that the trans woman, after serving her sentence, regained her freedom, but at the time she reoffended and was arrested again for the same crimes.

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J. A. Allen

Author, blogger, freelance writer. Hater of spiders. Drinker of wine. Mother of hellions.

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