authorities’ denial to carry out the autopsy of the alleged victim on the grounds that she was a transgender
woman and, hence, allegedly HIV positive, shows a high level of discrimination against her gender identity.
Moreover, they allege that during the coup, there was one of the highest rates in murders against people with
diverse sexual orientation and gender identity in Honduras. The State, in turn, says that it did carry out all the
procedures necessary for an effective investigation and that the criminal investigation is not finished yet.
31.
In view of the elements of fact and law submitted by the parties, and given the nature of the
matter under assessment, the IACHR believes that, if proved, the facts alleged in the petition may tend to
establish a violation of the rights protected by Articles 4, 5, 8, 24 and 25 of the American Convention in
agreement with duties set forth in Article 1.1 of the same treaty, to the detriment of the alleged victim and the
family members that may be identified in the assessment of the merits. Furthermore, at the merits stage, the
IACHR shall consider the possible applicability of Article 13 of the Convention with respect to the alleged
violation of the right to expression of the alleged victim’s gender identity 5 . Lastly, the Inter-American
Commission believes that the allegation may tend to establish violations of Article 7 of the Convention of Belém
do Pará, since under said instrument, States Party are obliged to prevent, punish and eradicate all forms of
violence against women, including lesbian, bisexual, transgender, and intersex women6.
V.
CONCLUSIONS
32.
Based on the above elements of fact and law, the Inter-American Commission concludes that
this petition meets the admissibility requirements set forth in Articles 31 to 34 of the Rules and Articles 46 and
47 of the American Convention, and without prejudgment of the merits of the matter,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
1.
To declare this petition admissible with regard to Articles 4, 5, 8, 13, 24 and 25 of the American
Convention in accordance with Article 1.1 of said treaty, and Article 7 of the Convention of Belém do Pará;
2.
To notify the parties of this decision;
3.
To proceed to the analysis of the merits of the matter; and
4.
To publish this decision and include it in its Annual Report to the General Assembly of the
Organization of American States.
Done and signed in the city of Panama, on the 6th day of the month of December, 2016. (Signed): James L.
Cavallaro, President; Francisco José Eguiguren, First Vice President; Margarette May Macaulay, Second Vice President;
José de Jesús Orozco Henríquez, Paulo Vannuchi, Esmeralda E. Arosemena Bernal de Troitiño and Enrique Gil Botero,
Commissioners.
5
IACHR, Report “Violence against LGBTI Persons in America,” OAS/Ser.L/V/II.rev.2 Doc. 36 November 12, 2015, par. 217.
6
IACHR, Report “Violence against LGBTI Persons in America,” OAS/Ser.L/V/II.rev.2 Doc. 36 November 12, 2015, par. 282.
6