measures adopted to preserve the evidence with a view to future comparisons with potential culprits. The
record also does not show that any tests were done on the bullet found at the scene of the crime to determine
its caliber, for instance, and whether that caliber matched any kind of firearm used by the State's security forces
According to information provided by the State, it was only in September 2017, eight years after the events
occurred, that follow-up information about those two evidentiary exhibits was requested from the evidence
warehouse. By the same token, there is no record of any steps taken to identify the State security agency were
assigned to the area where the body of Vicky Hernández was found during the curfew.
96.
In addition, the only witness statement taken by the DNIC in the case was that of the mother
of Vicky Hernández, two years after the murder. The IACHR finds that the record of the preliminary inspection
procedure, under the heading "Witnesses and Family Members," contains information on two of Vicky's friends
who were never interviewed. Finally, in spite of the fact that the record of the removal of the corpse noted that
at the time of the procedure there was “a large number of curious onlookers and journalists” present, nothing
in the record suggests that statements were taken from any of the people present in order to identify potential
witnesses.
97.
Third, in relation to the issue of reasonable time, the Commission observes that nine years
after the events the authorities have not yet identified those responsible or made any significant progress in
terms of determining the circumstances in which the murder of Vicky Hernández occurred. The Commission
finds that contrary to what the State has contended, this case cannot be termed complex since it involves a
single victim and the record confirms the existence of witnesses, the presence of physical evidence, and the
known context of a curfew coupled with a climate of violence against trans people, all of which are indicators
that should have prompted lines of inquiry. In any event, the State has not furnished any concrete arguments
to justify the overall delay, setbacks, and particular inactivity at various times in the investigation in light of the
purported complexity. The commission considers it clear, rather, that the delay and lack of progress in the
investigation are due to the State's failure to investigate with the diligence that was required of it in this case,
not only because of the existence of evidence of violence based on prejudice, but also because of possible state
involvement and the context in which it occurred.
98.
In light of the preceding considerations, the Commission concludes that the State of Honduras
is responsible for violating the rights to a fair trial, equal protection and nondiscrimination, and judicial
protection recognized at Articles 8(1), 24, and 25(1) of the American Convention taken in conjunction with the
obligations enshrined in Article 1(1) of that instrument, and at Article 7 of the Convention of Belém do Pará, to
the detriment of the family members of Vicky Hernández individually identified in this report.
C.
Right to humane treatment of the next-of-kin [Article 5(1) of the American
Convention]
99.
The Commission and the Inter-American Court have indicated that the next-of-kin of victims
of certain human rights violations may, in turn, be considered victims. 168 In that regard, the Court has ruled
that their right to mental and moral integrity [may be] violated based on the ... particular circumstances of the
violations perpetrated against their loved ones and owing to the subsequent acts or omissions of the State
authorities in relation to the facts.169
100.
In this case, the Commission considers it reasonable to conclude that the loss of a loved one,
the gravity of the acts that occurred in light of the analysis contained in this report, and the absence of
clarification and an adequate and timely judicial response have produced consequences that have extended
beyond the immediate victim and impacted the members of her family identified in this report. Consequently,
IACHR, Report No. 11/10. Case 12.488, Merits, Barrios Family, Venezuela, March 16, 2010, par. 91. IACHR, Report on Terrorism and
Human Rights. par. 227; I/A Court H.R., Case of Cantoral Huamaní and García Santa Cruz v. Peru, Preliminary Objection, Merits, Reparations
and Costs, Judgment of July 10, 2007. Series C. No. 167, par. 112; and Case of Bueno-Alves v. Argentina, Merits, Reparations and Costs,
Judgment of May 11, 2007. Series C No. 164, par. 102.
169 I/A Court H.R., Case of Cantoral Huamaní and García Santa Cruz v. Peru, Preliminary Objection, Merits, Reparations and Costs, Judgment
of July 10, 2007. Series C. No. 167, par. 112; and Case of Vargas-Areco v. Paraguay, Judgment of September 26, 2006. Series C. No. 155, par.
96.
168