authorities.157 In addition, the Commission and the Court have considered that it is also necessary to take the interest affected into consideration.158 86. At the same time, the high levels of impunity and the prevalence of violence based on prejudice require that crimes against LGBT persons receive full and unbiased investigation. 159 States have a reinforced duty to combat generalized violence and impunity. In light of that, the IACHR considers that in such cases the duty of due diligence should be especially rigorously applied, given the historical and entrenched discrimination that this group has suffered,160 and which is also closely connected with the violence that affects them in particular.161 87. In that regard, the IACHR has determined that problems with the investigations of crimes against LGBT persons involve, in part, failure to investigate whether or not the crime was committed by reason of the victim’s gender identity or sexual orientation. 162 It has also noted that when crimes are truly motivated by prejudice but are not classified as such, there is a shifting of blame toward the victim (i.e., the prejudice may result in the crime being excused or less grave on the basis of the actions or conduct of the victim). This shift renders invisible the power structures that reproduce the homophobic stereotypes that underpin the prejudice.163 In that regard, the IACHR finds that lack of due diligence in such cases may constitute a form of discrimination against the victims and a violation of the right to equal protection. 164 88. In that connection, the IACHR highlights that in addition to opening lines of inquiry at the outset of the investigations in which there is important circumstantial evidence, authorities should take into account whether the crime was committed based on prejudice and conduct investigations that are free of stereotypes related to diverse sexual orientations and gender identities and expressions; States must take into account the general context of bias, prejudice, and violence against LGBT persons in their countries, which may be more profound in places outside of the major cities. In addition, in conducting these investigations, authorities should rely on expert witnesses who are able to identify the often nuanced discrimination and prejudice against LGBT persons that is pervasive and embedded in the societies of the region. 165 2. Analysis of the case 89. In first place, as mentioned earlier in this report, the Commission notes that the State did not outline or implement logical lines of inquiry based on the evidence and context that surrounded the events in this case. In that connection, the only line of inquiry that Honduras pursued was one aimed at identifying the individual who supposedly threatened Vicky Hernández, the only evidence for which is contained in a statement taken from the victim's mother two years after the incident. I/A Court H.R., Case of Vargas-Areco v. Paraguay, Judgment of September 26, 2006, Series C. No. 155, par. 196; Case of the Ituango Massacres v. Colombia, Judgment of July 1, 2006. Series C, No. 148, par. 289; and I/A Court H.R., Case of Baldeón García v. Peru, Merits, Reparations and Costs, Judgment of April 6, 2006. Series C. No. 147, para. 151. 158 I/A Court H.R., Case of Valle Jaramillo et al. v. Colombia, Merits, Reparations and Costs, Judgment of November 27, 2008, Series C. No. 192, par. 155. 159 IACHR, Violence against Lesbian, Gay, Bisexual, Trans and Intersex Persons in the Americas, OAS/Ser.L/V/II.rev.2, Doc. 36, November 12, 2015, par. 489. 160See: I/A Court H.R., Case of Atala Riffo and Girls. v. Chile, Merits, Reparations and Costs, Judgment of February 24, 2012, Series C. No. 239, par. 92. 161See: IACHR, Violence against Lesbian, Gay, Bisexual, Trans and Intersex Persons in the Americas, OAS/Ser.L/V/II.rev.2, Doc. 36, November 12, 2015, par. 426. 162 IACHR, Violence against Lesbian, Gay, Bisexual, Trans and Intersex Persons in the Americas, OAS/Ser.L/V/II.rev.2, Doc. 36, November 12, 2015, par. 484. 163 IACHR, Violence against Lesbian, Gay, Bisexual, Trans and Intersex Persons in the Americas, OAS/Ser.L/V/II.rev.2, Doc. 36, November 12, 2015, par. 485. 164 Likewise, the European Court of Human Rights has also affirmed that the obligation to prevent “hatred-motivated violence” by third parties, as well as to investigate the existence of a possible link between a discriminatory motive and the act of violence, can fall under the obligation to put processes in place to prohibit torture (Article 3), and may also be seen to form part of the authorities’ positive responsibilities under the prohibition of discrimination (Article 14). See: ECHR, Identoba and others, (Application no. 73235/12) v. Georgia, 12 May 2015, para. 63, cited in IACHR, Violence against Lesbian, Gay, Bisexual, Trans and Intersex Persons in the Americas, OAS/Ser.L/V/II.rev.2, Doc. 36, November 12, 2015, par. 385. 165 IACHR, Violence against Lesbian, Gay, Bisexual, Trans and Intersex Persons in the Americas, OAS/Ser.L/V/II.rev.2, Doc. 36, November 12, 2015, par. 28. 157

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