When challenging unjust power structures, it can often feel like we take one step forward and two steps backwards. But a landmark decision for Colombian justice late last year, made possible by one of Luminate’s partners, continues to be a reason to have hope that change is possible.
As Luminate continues to evolve our strategy to ensure technology respects human rights and social justice, we celebrate the important work of grantee partners like Temblores, whose efforts have been an important part of our collective impact in previous funding cycles.
By Daniela Rojas Molina, Director of Policarpa, the mobile justice clinic of Temblores NGO
A flawed judicial system
In 2000, Virgelina Aguiar worked in a butcher’s shop in Ibagué with José Virgilio Campos García, in exchange for room and board for her and her three children. José Virgilio had repeatedly sexually harassed her and, on the night of 20 July 2000, Virgelina killed him after he threatened her with a knife and blackmailed her over the whereabouts of her children to force her to have sex with him.
In May 2001, Virgelina was sentenced to 8 years and 4 months in prison for homicide, mitigated by “anger or extreme pain”. Virgelina was released on parole in 2003 and began rebuilding her life in the countryside. Her story took a turn in 2005 when the Prosecutor’s Office and the Attorney General’s Office appealed the decision in her case, and the Superior Court drastically increased her sentence to 28 years and 9 months in prison – arguing that José Virgilio was in a “state of defenselessness”.
The Court never notified Virgelina of this decision, and she rebuilt her life believing she had already served her sentence. She only found out about the Court’s decision in February 2022, when the police stopped her at a traffic checkpoint and informed her about an arrest warrant against her.
Virgelina filed a writ for fundamental rights protection (tutela action) with support from Policarpa, the mobile justice clinic of Temblores. Her case reached the Constitutional Court which, through ruling T-459 of 2024, protected Virgelina’s fundamental rights to access justice, due process, and to live a life free from violence.
The Constitutional Court found several errors in the Superior Court’s ruling and analysed the evident sexist biases in the decision. It concluded that the Court unjustifiably ignored the context of gender violence Virgelina had experienced and called for consideration of “anger and extreme pain” and “self-defense”, which could lead to a reduction in the sentence or even to an acquittal. The Constitutional Court ordered the Superior Court to issue a new ruling applying a gender perspective and ordered the immediate release of Virgelina.
Justice has finally prevailed for Virgelina after more than two decades: her conviction was overturned and she’s back home with her family. Yet a letter she wrote while still in prison highlights the urgent need for more gender‑sensitive decisions within the justice system:
“
It’s unfair to have been given such a harsh sentence. From the very first moment I told the authorities exactly what happened and what I did at a moment when no one is truly prepared to react. I’m not the only one who has had to bear this punishment; my three children have been affected by the justice system as well. In situations like these, investigations must be carried out more carefully, looking closely at the facts, rather than judging someone as if they were the worst criminal simply for trying to defend themselves.”
Implications of the ruling for gender-based justice
This decision sets a historic precedent in Colombia for the application of a gender perspective to the law, as it recognises the need to examine cases through this lens in judicial processes involving women who have experienced violence. The Court emphasised the need for gender perspectives to be applied in all criminal cases, both when women are victims and when women are offenders.
This ruling not only guarantees justice for Virgelina but also for many women facing similar situations when confronting the justice system. It is a first step towards ensuring that judges and defenders apply a cross-cutting gender perspective and comprehensively assess the full context of violence and discrimination against women. This ruling consolidates an urgent call to transform the way justice is understood and applied in a country where machismo remains deeply rooted in the handling of cases and judicial decisions.
Luminate has proudly supported Temblores' work since 2020. While outside our current funding priorities, Temblores remains part of our active portfolio through the conclusion of their grant in 2026.