REPORT No. 64/16
PETITION 2332-12
ADMISSIBILITY REPORT
VICKY HERNÁNDEZ AND FAMILY
HONDURAS
6 DE DICIEMBRE DE 2016

I.

SUMMARY

1.
On December 23, 2012, the Inter-American Commission on Human Rights (hereinafter “the
Inter-American Commission,” “the Commission” or “the IACHR”) received a petition filed by the Lesbian
Network “CATTRACHAS”-Feminist Lesbian Organization of Honduras, the Center for the Human Rights Women
(hereinafter “CDM”) 1 , and Robert F. Kennedy Human Rights 2 (hereinafter “the petitioners”) against the
Republic of Honduras (hereinafter “Honduras” or “the State”). The petition was filed on behalf of Vicky
Hernández Castillo (hereinafter also “the alleged victim”) and her family.
2.
The petitioners argue that the State is responsible for an unwarranted delay in the
investigation of the murder of Vicky Hernández Castillo; and they allege discrimination in the access to justice
based on their sexual orientation. The petitioners allege that the State is responsible forf the violation of the
alleged victim’s right to life, given that her death took place in a time and space context of high militarization
and mobilization of state security forces; and that as a result this was possibly an extrajudicial killing. In
addition, they argue that the State violated the duty of protection of life to detriment of the alleged victim. In
turn, the State declares that the petitioners’ complaint is inadmissible in view that the State has complied with
its duty to investigate, as it put into action several procedures in the criminal investigation in order to search
the truth; and it alleges that domestic remedies have not been exhausted.
3.
Without prejudging the merits of the complaint, after analyzing the position of the parties and
pursuant to requirements set forth in Articles 31 to 34 of the IACHR’s Rules (hereinafter “the Rules”) and
Articles 46 and 47 of the American Convention on Human Rights (hereinafter “the American Convention” or
“the Convention”), the Commission decides to declares this petition admissible in order to assess the allegations
concerning the alleged violation of rights embodied in Articles 4 (Right to Life), 5 (Right to Personal Integrity),
8 (Right to Fair Trial), 13 (Right to Freedom of Thought and Expression), 24 (Right to Equality before the Law)
and 25 (Right to Judicial Protection) of the American Convention, in agreement with its Article 1.1; and the
violation of Article 7 of the Inter-American Convention on the Prevention, Punishment and Eradication of
Violence against Women (hereinafter “Convention of Belém do Pará”). The Commission moreover decides to
notify the parties of its decision, to publish this report and include it in its Annual Report to the General
Assembly of the Organization of American States.
II.

PROCEEDINGS BEFORE THE IACHR

4.
The IACHR received this petition on December 23, 2012, and transmitted to the State a copy
of the pertinent parts on June 21, 2013, granting a two-month period to submit its observations, under Article
30.3 of its Rules of Procedures then in force. On August 21, 2013, the IACHR received the State’s reply. The
petitioners submitted their additional observations on August 23, 2013 and on April 1, 2015. In turn, the State
submitted its additional observations on June 24, 2015 and on December 8, 2015. All the observations were
duly transmitted to the other party.

1 In its communication of April 1, 2015, the CDM reported that it withdrew representation from the alleged victim in this case,
due to internal issues in the organization.
2 In their communication of September 22, 2015, the petitioners informed that the center Robert F. Kennedy Human Rights
became co-petitioner in this petition.

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