6.
The petitioners say that on the night of June 29, 2009, Vicky Hernández, a trans woman
registered at birth as Johny Emilson Hernández, was murdered in the city of San Pedro Sula in the context of
roundups conducted by the National Police during a curfew instituted the day before, following the coup d'état
in the country. They stressed that the killing occurred at a time when “the only people on the streets were
security forces personnel.” They said that the events were consistent with the context of discrimination and
violence toward women and LGBTI persons in Honduras, noting that trans women were particularly prone to
be subjected to violence by the police and other state agents, a situation that worsened and intensified in the
wake of the coup.
7.
In relation to the criminal investigations, they said that they had not been conducted with the
proper diligence. They said that only 12 investigative procedures had been carried out, four of which were the
initial actions that are taken as a matter of routine during the removal of a corpse and identification of the
deceased, and that the only statement taken in the process had been that of Vicky's mother. They charged that
key procedures, such as an autopsy, which was twice requested by the prosecutor's office were not carried out,
and that as at March 2015 there was no record of an autopsy in the record. They said that at the time of the
events, it was denounced that the refusal to conduct an autopsy was based on the presumption that the victim
had HIV. They said that no witnesses were contacted that might have been able to provide relevant information
and that they had not had access to a full, up-to-date copy of the record.
8.
They alleged a violation of Vicky Hernández's rights to life and humane treatment in
connection with Article 7 of the Convention of Belém do Pará. The petitioners also alleged that Honduras was
responsible for violation of the rights to a fair trial and judicial protection taken in conjunction with Article
7(b) of the Convention of Belém do Pará, since the investigation that it opened did not adopt a gender and
gender identity perspective, and that it also failed to pursue lines of inquiry in relation to the context or take
into account the victim’s work as an activist. They also alleged that the possibility of sexual violence was not
analyzed and that the authorities failed to act with diligence in collecting and analyzing evidence. They argued
that the State violated Vicky Hernández's right to equal protection in connection with Article 7 of the
Convention of Belém do Pará, since the mere fact that she was a trans woman deprived her of her right to be
accorded the proper attention by the authorities in charge of the investigation. They said that the state also
violated the right to freedom of expression due to the fact that in the context of the proceedings the
authorities made biased assumptions and registered Vicky as an individual of male sex named Johny because
Honduran law does not allow someone to be legally recognized by the gender identity that they choose for
themselves. Finally, the petitioners said that the State violated the right to humane treatment of Vicky
Hernández's mother, cousin, and niece.
B.
The State
9.
The State contended that in keeping with its obligation to investigate the death of Vicky
Hernández it had made efforts to get to the truth. It said that the proceedings had been long and drawn out
because the case was complex. It explained that the refusal to provide a complete, up-to-date copy of the record
was based on the fact that such access could jeopardize the effectiveness of the inquiries. As regards
investigative procedures, it said that the removal of the corpse had been carried out and an on-site inspection
record prepared. It also said that it took a statement from the mother of the victim, who stated that on June 27,
2009, Vicky arrived at her house and asked to borrow some money, and that she then left, after which she did
not see her again. The State said that the mother said in her statement that "her son had mentioned some weeks
earlier that another trans person had robbed him and threatened him if they saw him again [Tr: sic].” The State
said that subsequently several telephone calls were made to gather additional information about the facts, but
that all of the telephone numbers called had been out of service. The State underscored that the area where the
events occurred was one of the most violent parts of the city where the Salvatrucha gang (mara salvatrucha)
exercised considerable control.
10.
The State stressed that the lack of witnesses at the scene had made it impossible to clarify
what had happened and identify those responsible. As regards the autopsy report, it said that in December
2015 it had been part of the investigation record and that it found that the characteristics of the injuries were
consistent with those caused by an regular firearm projectile from a long distance. It said that in September