A Valeria Miranda (21), a young woman from the Rio Negro town of Los Menucos, They sentenced her to 12 years in prison for the brutal murder of Nahiara, her 3-year-old daughter. According to the Justice of the city of General Roca, he is guilty of not having done enough to prevent his partner from –Carlos heiress (39)– he will beat the minor to death. However, in an unpublished decision, a Challenge Court (TI) ruled reduce penalty imposed on women by consider that you were a victim of gender violence exercised by the boyfriend, material author of the crime.
In this way, Miranda’s sentence was reduced to the legal minimum foreseen by the Penal Code for that crime: 6 years and 8 months in prison. That is, a little more than half of the sentence that the judge in the case, Gastón Martín, had decided last September. According to the decision of the Court, which gave rise to the challenge presented by the defense attorney, the mother of the girl suffered “serious gender violence, which reduced her ability to protect the girl due to the state of submission in which she lived”.
Erbin had been sentenced to life imprisonment for homicide aggravated by being committed by a man against a woman in a context of gender violence (femicide), while Miranda was found guilty of the crime of abandonment of a person followed by death, aggravated by the bond. The responsibility of the two was settled by a popular jury and the sentence was handed down three weeks later in a caesura trial.
Miranda’s public defender accepted the popular verdict of guilt but contested the conviction 12 years in prison, considering that the sentence imposed by the judge was “unfair and disproportionate.” He argued that in the caesura it was not valued “in all its magnitude, extension and intensity of gender violence, the situation of extreme social, economic, and cultural vulnerability ”in which the woman lived, and“ the natural punishment ” that meant for her the death of her own daughter
In this sense, the Court admitted the defense’s claim and concluded that “the intersection of several identity conditions has not been sufficiently considered, when imposing the sentence: rural woman, victim of gender violence since childhood, adolescent-mother, with few economic and emotional resources and mother of the murdered girl”.
In addition, it was proven that she “She was a victim of serious gender violence and clearly, in that context, so was the girl ”. The woman testified at trial that she was beaten and threatened by Erbin. Also another important amount of evidence, such as testimonies from relatives, professionals and a former partner of the accused, among others, “Gave an account of the magnitude of the violence suffered”.
A central element valued by the Court was “the naturalization of violence” by women “from childhood” and the state of “absolute subordination” that she lived with Erbin, who even took her to “ask permission” so that the girl could be visited by her aunt.
Coinciding with the opinion of the forensic psychiatrist who intervened in the trial, the Court indicated that ahe moment of the fatal beating her daughter suffered by the man, the woman was literally “seized with fear” of Erbin. Finally, the TI argued that the girl “He was not the only victim of Erbin, although he was the smallest and who was the object of the most brutal violence and viciousness”. Meanwhile, the mother “He was also a victim of violence by the same”.
Regarding the material author, imprisoned for having beaten Nahiara, among various things with a whip, to the point of death, the Court of Appeal decided to ratify the sentence and reject his lawyer’s request for the ruling to be declared void and a new trial be carried out. Among his arguments, he questioned the content of the instructions given to the jury for its final deliberation and affirmed that the popular court reached an “arbitrary” decision for a “manipulation of the criminal action” by Andrés Nelli, Roca’s attorney general during the debate.
Marcelo Eduardo Hertzriken Velasco and Joaquín Tomas Velasco Hertzriken Catena were the plaintiff attorneys. They represented the grandmother of the murdered baby. During the trial, they requested that no penalty will be applied to Miranda. The lawyers believed that the 21-year-old was already carrying “the natural penalty of having lost her own daughter and that the sentence in years in prison would be disproportionate.”
They argued that, due to the inferno of domestic violence that Valeria suffered since she was a child and that later remained during her relationship with Erbín, she was not in a position to take care of Nahiara. That is, he was a victim and perpetrator. In that sense, the lawyers added that if the judge did not agree with the proposal, then sentenced her to only three years in effective prison.
However, the popular jury and the magistrate they did not take into account the proposal and they sentenced the mother to 12 years. That was why after the decision was known, the lawyers resigned from the case for “disagreeing with the sentence imposed”, considering that it lacked a gender perspective.
In dialogue with Infobae, Hertzriken Velasco agreed with TI’s decision and said that “The criteria of the complaint were followed.” He stressed that the historical value of the entire process, since it was not only the first case of gender violence resolved by a popular jury, but also It is also the first time that the sentence has been reduced to a convicted person for also considering her a victim.
“We raised this from the beginning of the case and now the objection court took up this question which was evident. Valeria reproduced the patriarchal model that she suffered from as a child. She was a victim of abuse from her earliest childhood and savagely beaten by her father, “said the lawyer.
The murder occurred last year on a precarious adobe ranch located in Las Mochas, 37 kilometers from the town of Los Menucos, a small town of only 2,600 inhabitants. At first, the parents assured that it was a domestic accident, but the first examinations of the body at the scene discarded that version and they motivated the intervention of Justice. The autopsy would eventually reveal the mistreatment Nahiara suffered. And there were many.
During the trial they were shown the mistreatment and stark violence that the girl suffered for a long time. In fact, in his ruling, Judge Martín recalled the chilling blows that were inflicted on Nahiara for more than three months without interruption.
As the Roca attorney general explained during the trial, Nahiara had 35 blows to the front of her body, and 11 more injuries to her rear. Two of those were the fatal blows to the skull given with a whip that Erbín used in his daily tasks in the field.
In its September ruling, accessed by this medium, Judge Martín said that there was “a single victim and it is the dead girl, Nahiara Soledad Miranda.” In this regard, the magistrate said that the girl was beaten and abandoned, with more than 50 injuries, loss of teeth, rib fractures and even had an ear and hair pulled out. “Valeria Miranda, did not present any injury,” argued Martín.