particularly trans women, have to do with inflicting sexual violence on the victims as a form of punishment for their gender identity and expression that fail to conform to social norms relating to gender and sexuality, as well as the modus operandi of those who commit such crimes. In this case, the Commission observes that the record of removal of the corpse mentioned the discovery of an apparently used condom next to the body. The Commission believes that fact could be indicative of sexual violence, yet it finds that there is no information in the record to suggest that the relevant tests were carried out to rule out if Vicky Hernández was a victim of such violence. The Commission also notes that Vicky Hernández was murdered with a firearm and that her body was found in a public place, both elements consistent with what the IACHR has found as regards the manner in which most prejudice-based crimes against trans women are committed, quite often in situations connected with sex work, as occurred in this case. 65. In addition, the Commission finds that the facts in this case are framed by a context of violence and discrimination against LGBT persons in Honduras. As described in the section on proven facts, that context has been recognized by the IACHR, the United Nations Human Rights Council, and various civil society organizations. As the Commission has established, in that context around the time of Vicky Hernández's death, an alarming increase began to be recorded in killings connected with the victims' gender identity and expression. The IACHR reiterates what was mentioned in the section on context precisely regarding the fact that San Pedro Sula, where the events occurred, is one of the most dangerous places for LGBT persons and registers a particularly high incidence of such crimes. A recurring pattern of police violence has also been widely documented in that context. Another important element of this analysis concerns Vicky Hernández's activities as a sex worker and her activism on such issues. 66. In light of the preceding elements taken together, the Commission finds that under the aforementioned standards, given the nature and manner of the violence inflicted on Vicky Hernández and bearing in mind the additional indicia suggested by the considerations as to the context in which the events occurred, what happened to Vicky Hernández can be characterized as a murder based on prejudice toward her gender identity and expression as a trans woman and, therefore, a trans-femicide. 67. As to the second aspect, next, the IACHR will determine if Vicky Hernández's murder is attributable to the State, in light of its obligation to respect and ensure rights. 68. Thus, in relation to the duty to respect rights, the Commission finds that the aforementioned context of violence based on prejudice in Honduras intensified amid the 2009 coup, which was characterized by a strong military presence in different spheres of civilian life as well as the suspension of guarantees through the implementation of curfews in which the state’s security forces maintained tight control and a heavy presence on the streets. The Commission also concluded that the curfews, the militarization of the country, the primacy of military power over civilian power, and the inefficacy of the judicial mechanisms, all placed the entire population in a defenseless situation, “which created a favorable climate for the perpetration of human rights violations.” The Commission cannot help but note that, according to information gathered by various civil society organizations, people from the LGBT community, especially trans sex workers, were murdered during the multiple curfews instituted during the coup and reportedly found in public places and on the streets. 69. By virtue of the foregoing, the IACHR considers that the context of violence against LGBTI persons in Honduras, along with the high incidence of participation by security agents in such violence, its upsurge as a result of the coup d'état, the general climate of militarization generated in the wake of the coup with the resulting control imposed by the state's security forces, as well as the fact that Vicky Hernández's murder occurred precisely in the context of a curfew during which, at the exact time of her death, the streets were under the control of state security agents, amount to strong circumstantial evidence of direct state involvement in the events. 70. In controversies alleging the participation of the State in gross human rights violations, such as the violent killing of a person, the Commission has stated that faced with evidence of this nature, which would appear directly to engage the State’s international responsibility, the authorities in charge of the investigation should have made every effort to clarify any possible responsibility or involvement on the part of

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