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