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Why doesn’t Spanish justice define the murder of Samuel, the beaten gay boy, as a homophobic crime?

Almost ten days after the beating of Samuel Luiz, a 24-year-old nursing assistant who was attacked when leaving a bowling alley on the Paseo Marítimo de A Coruña, in Galicia, Justice has not yet been able to determine if it is a homophobic crime, inspired by Samuel’s sexual condition, or not.

The video of the traffic cameras of the Paseo Marítimo shows how at dawn on July 3 some boys approach Samuel, hit him, he falls, although he manages to stand up, and He is attacked again to death, literally.

“Stop recording us if you don’t want me to kill you, fag”, they would have told him, believing that Samuel was filming them with his cell phone when, in reality, he was making a video call with his friend Lina. “Fagot of what?”Samuel would have replied.

This is how Lina and Vanessa tell it, the friend who was with him in the early morning of the assault, and his partner, the girl with whom they were making the video call that cost Samuel his life.

He, Lina, and two other friends were having a drink at El Anden, a bowling alley near Riazor beach, when Samuel and Lina went out to smoke and to make the video call with Vanessa that unleashed the brutal attack.

“In Spain the hate crime does not exist in our penal code. It is an aggravating factor that must be demonstrated. We are surprised that one of the indicators that causes an investigation to be initiated as a hate crime is the subjective perception of the victim. The victim is dead. She was killed. But all the witnesses state that he was killed shouting ‘fagot’ ”, he tells Clarion Arantxa Miranda, responsible for hate crimes of the State Federation of Lesbians, Gays, Trans and Bisexuals of Spain.

“This obliges the security forces and bodies, which have a protocol for hate crimes, that this investigation is already considered a hate crime Miranda clarifies. It has to be started as if it were a hate crime, although it may be that, in the end, the Prosecutor’s Office does not consider it that way. This is what surprised us and what has angered the LGTBI collective. “

Why is the Spanish Justice still does not define it and investigates as a homophobic crime?

“It is being studied if it is a hate crime”, Interior Minister Fernando Grande-Marlaska said hours after Samuel’s assassination.

“The National Police works exhaustively to, as soon as possible, clarify the facts and what is their nature “ added the Interior Minister.

“At the moment none of the routes is ruled out”, declared at that time the delegate of the Government in Galicia, José Manuel Miñones.

“It is neither ruled out nor confirmed. There are several lines of research. The Police are doing their job in a meticulous way, ”said the deputy delegate of the Government in A Coruña, María Rivas.

However, for the State Federation of Lesbians, Gays, Trans and Bisexuals, the reason is political: “One hypothesis could be that they do not want to show that this political speech of hatred towards the other translates into saying that in Spain you can kill for homophobia“, Seeks an explanation before consulting Clarion the vocal of the Federation in hate crimes.

“Spain has always been one of the most advanced countries in rights for the LGTBI collective and suddenly they are killing us ”, adds Arantxa Miranda.

Up to now, There are five young people arrested for the death of Samuel Luiz. Three entered prison without the possibility of paying bail and another two were transferred to juvenile centers for not being of legal age, according to the Order of Instruction No. 1 of A Coruña, which was on duty when the arrests were made. A young woman was also delayed and later released.

Police does not rule out more arrests in the next few days since, according to the investigation, more than six people participated in the fatal beating near the central beach of A Coruña.

Since then, several cities in Spain march and protest For this reason, the main associations that militate for sexual diversity consider an “LGTBIphobia” and a movement called “Justice for Samuel” circulates on the networks that tries to recruit witnesses to what happened that morning on the Paseo Marítimo de A Coruña.

Samuel’s body autopsy lists his ordeal: had a blow to the head of 10 centimeters, injuries to the face and marks of having been taken with force by the neck.

“He was loving, funny, generous, everything good”Lina says of her friend, whom she had met five years ago.

Lina and Samuel worked in the same nursing home: “I found a job thanks to him. I owe my life”Adds her friend.

PB

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