29.
The case of the Public Prosecution Service was registered as a proceeding against unknown
persons for the crime of homicide of Jhony Emilson Hernández Martínez.58 The State said that the case was
under the jurisdiction of the Office of the Special Prosecutor for Crimes against Life and, since 2013, the Social
Impact Homicide Unit (Unidad de Muertes de Impacto Social). 59 The preliminary inspection and record of
removal of the corpse were done on June 29, 2009.60 On July 24, 2009, the IACHR requested the Supreme Court
of Justice of Honduras for information on the case under Article 41 of the American Convention.61 As the IACHR
noted in its report Honduras: Human Rights and the Coup d’État, the Supreme Court made the following reply:
In the case of the death of Jonhy Emilson (Sonny Emilson) Hernández Martínez alias "Vicky
Hernández Castillo," a member of the LGTTB community identification number 0501‐1983‐
08333, a native and resident of the Sunsery neighborhood of San Pedro Sula, Cortés, age 26.
The forensics report found that the cause of death was strangulation; the case is currently
under investigation. Thus far, the motive for the crime is unknown although the most likely
theory is that this was a crime of passion.62
30.
On March 16, 2011, the Crimes against Life Unit of the Prosecutor's Office requested the
Regional Director of Forensic Medicine for the autopsy reports on at least six homicides of trans women,
including the case of Vicky Hernández.63 The record contains no reply to that request.
31.
On March 30, 2011, the investigating prosecutor at the Crimes against Life Unit requested the
DNIC to conduct more investigative procedures in the case of Vicky Hernández, including:
1. Identify the suspects, including their legal particulars. 2. Forward photographs of the
suspects. 3. Request the Department of Forensic Pathology for the autopsy report on the
victim. 4, Request criminal records for the suspects and the victim. 5. Take statements from
witnesses to the criminal act. 6. Take statements from the aggrieved (the victim's relatives).
7. Investigate whether semen was obtained from exhibit No. 1 “allegedly used condom and its
wrapper” in order to perform the relevant forensic analysis. 8. Establish the motive for the
homicide of the deceased. 9. Any other necessary procedure to clarify the criminal act. The
foregoing should be sent to this prosecutor's office as a matter of urgency.64
32.
On May 3, 2011, the DNIC took a witness statement from Vicky Hernández's mother.65 The
Commission notes that in the preliminary inspection procedure, under the heading "Witnesses and Family
Members," in addition to the home address of Rosa Argelia Hernández, also provided are information on two
of Vicky's friends and the address of the Unidad Color Rosa group.66 One, whose name was given as Milton
Torres, was a trans woman by the name of Michelle Torres who was murdered with a firearm on August 30,
2009 in San Pedro Sula, but was never interviewed.67
Annex 7, Investigation Record 1057-09 presented on November 20, 2013, Appended to the petitioners’ brief of April 1, 2015.
State's brief of November 3, 2017.
60 Annexes 3 and 4. Investigation Record 1057-09 presented on November 20, 2013, Preliminary inspection and record of removal of
corpse. Appended to the petitioners’ brief of April 1, 2015.
61 IACHR, Honduras: Human Rights and the Coup d’État, OEA/Ser.L/V/II, December 30, 2009, par. 238.
62 IACHR, Honduras: Human Rights and the Coup d’État, OEA/Ser.L/V/II, December 30, 2009, par. 238.
63 Annex XX. Official Letter, Crimes against Life Unit, March 16, 2016, Investigation Record 1057-09 presented on November 20, 2016.
Appended to the petitioners’ brief of April 1, 2015.
64 Annex 8. Investigation Record 1057-09 presented on November 20, 2013, Official Letter, Investigating Prosecutor’s Office, Crimes against
Life Unit, March 30, 2011. Appended to the petitioners’ brief of April 1, 2015.
65 Annex 2. Investigation Record 1057-09 presented on November 20, 2013, Statement of Rosa Argelia Hernández Martínez, May 3, 2011.
Appended to the petitioners’ brief of April 1, 2015.
66 Annex 3. Investigation Record 1057-09 presented on November 20, 2013, Preliminary inspection. Appended to the petitioners’ brief of
April 1, 2015.
67 Annex 9. Investigation Record 1057-09 presented on November 20, 2013, Official Letter, Crimes against Life Unit, March 16, 2016.
Appended to the petitioners’ brief of April 1, 2015, and Annex XX. Petitioners’ brief of April 21, 2017.
58
59