Outraged by a long-ignored slaying in Honduras, legal professionals are urging a human rights court docket in Central America to pressure governments to higher defend transgender individuals in a area the place they’re targets.
In a area the place consultants put the life expectancy for transgender ladies at solely 30 to 35 years, Vicky Hernández didn’t make it even that lengthy.
Ms. Hernández was 26 when she was discovered shot within the eye on a Honduras avenue, a slug of unknown caliber and a used condom beside her physique.
Twelve years later, investigators nonetheless haven’t run forensic assessments on that proof. It’s nonetheless not clear whether or not the authorities ever carried out an post-mortem. And two different transgender ladies who reported having witnessed a police patrol automobile roll as much as Ms. Hernández simply earlier than she ran off and went lacking had been themselves killed inside a 12 months of her demise.
However now, the case could also be about to make authorized historical past as a regional human rights court docket deliberates whether or not the Honduran authorities was accountable for Ms. Hernández’s demise and owes her household reparations.
It’s the first time the Inter-American Courtroom of Human Rights will rule on whether or not governments have performed sufficient to guard transgender individuals. And whereas the Hernández case places a highlight on a sample of abuse in opposition to susceptible individuals in Honduras, it’s being intently watched in a area the place many nations stay hostile towards transgender individuals.
The court docket, based mostly in Costa Rica, might order the Honduran authorities to enact measures designed to forestall violence in opposition to transgender individuals, setting a authorized precedent within the area.
Ms. Hernández’s homicide in San Pedro Sula was among the many first of an explosion of killings of transgender ladies in Honduras that adopted a June 2009 coup through which the nation’s president was rousted from mattress and exiled.
The following morning, Ms. Hernández, a intercourse employee, was discovered useless after an evening through which, due to a strict curfew, no person however legislation enforcement and navy authorities had been presupposed to be roaming the streets.
That timing is taken into account crucial, as a result of it means that what would possibly ordinarily be dismissed as simply one other demise in one of the crucial harmful cities in one of the crucial harmful nations on this planet might need been one thing extra: an extrajudicial killing. The federal government has denied that its forces performed any position, however for a lot of, the circumstances raised robust suspicions that whoever needed Ms. Hernández useless wore a uniform.
Activists have lengthy denounced the wave of human rights violations that adopted the 2009 coup, and blamed those that took energy for what they thought of focused killings. And Ms. Hernández was an activist for trans ladies who had been violently attacked earlier than.
“The coup unleashed new ranges of violence, deadly violence,” mentioned Angelita Baeyens, vp of worldwide advocacy and litigation for Robert F. Kennedy Human Rights, a Washington-based group, which introduced the go well with.
That group, in addition to a Honduran human rights group known as Cattrachas, took the federal government of Honduras to the Inter-American Courtroom of Human Rights, an offshoot of the Group of American States. A trial was held nearly in November, and a ruling is predicted quickly.
Ms. Baeyens mentioned the court docket might do extra than simply make a discovering within the Hernández case. It might additionally take steps like ordering the authorized recognition of transgender individuals’s new names and requiring that adjustments to official I.D. playing cards be allowed — one thing governments within the area usually refuse to do now. The court docket might additionally name for the elimination of legal guidelines that permit the police to carry suspects for doubtful causes.
Transgender ladies in Honduras say they’re always harassed, crushed and even killed, and that the violence is usually perpetrated by legislation enforcement.
“They name it social cleaning,” mentioned Claudia Spellmant, a transgender activist who fled the nation in 2013 after repeated assaults, and now lives in New York. “They don’t need trans individuals on the road.”
With few employment alternatives obtainable to them, many transgender ladies in Honduras — rejected by their households, the church and society at massive — flip to prostitution. They hit the streets each evening, the place they’re uncovered to deprave cops and violent shoppers, say activists in addition to present and former intercourse employees.
Krishna Flores, 24, a transgender intercourse employee in Tegucigalpa, the capital, mentioned she had been assaulted twice this 12 months. Law enforcement officials minimize off her hair, burned her make-up and purse and lobbed tear gasoline at her. Lastly, she mentioned, she ran right into a stranger’s residence for security.
“The reality is,” Ms. Flores mentioned, “right here in Honduras, the place we’re, there’s plenty of violence in opposition to trans individuals. From the police, or individuals who search us out to have relations with us, individuals who don’t need to pay us. And typically it’s the navy. They scream horrible issues at us.”
Ms. Flores mentioned it’s common to have rocks, luggage of water, rags and eggs thrown at her from shifting vehicles. She is advised that she is a humiliation to society. In January, officers yanked on her hair extensions and shaved her head.
“It was traumatic,” Ms. Flores mentioned.
A lawyer for the federal government mentioned that whereas it was clear that robust non secular beliefs — 85 % of the inhabitants of Honduras is both Catholic or evangelical — fostered discrimination in opposition to transgender individuals, Honduras “categorically rejects” the notion that Ms. Hernández was killed by cops or troopers.
Attorneys for Ms. Hernández’s household are asking for monetary compensation for her household and structural adjustments to Honduran policing.
If the court docket does rule in favor of the household, any reparation ought to bear in mind the shortage of proof tying the federal government to Ms. Hernández’s demise, the federal government’s lawyer within the case, Sonia A. Escobar Rodríguez, mentioned in a abstract of her arguments that she shared with The New York Instances.
“There is no such thing as a proof in any respect, and nor can or not it’s rationally inferred, that these accountable for Vicky Hernández’s demise had been members of the general public security forces, just because a patrol automobile making an attempt to keep away from lamentable tragedies occurred to be close by,” wrote Ms. Escobar, who works on the Honduran Lawyer Normal’s workplace.
Ms. Escobar’s abstract mentioned the federal government had made important advances in public security, similar to enhancing the felony criticism system and strengthening the judiciary. She mentioned it had additionally offered sensitivity coaching to dozens of presidency employees. And she or he mentioned violence motivated by sexual orientation or gender identification is now an aggravating consider sentencing.
Rosa Seaman, Honduras’ vice secretary of Human Rights, mentioned the federal government had created a particular investigations unit for crimes in opposition to the susceptible, together with homosexual and transgender individuals.
However, she conceded, coaching for police officers has had combined outcomes.
“Some obtain it properly,” Ms. Seaman mentioned. “However I need to be frank and sincere: Others have plenty of prejudices, particularly once I inform them they must respect gender identification. Trans ladies are probably the most discriminated in opposition to and are extra usually the sufferer of crime and lose their lives.”
Victor Madrigal-Borloz, an skilled on gender identification discrimination for the United Nations, mentioned that even within the context of the “worrisome violence” in Honduras, crime in opposition to transgender individuals was “exacerbated” and disproportionate.
“The case of Vicky Hernández goes to turn into extraordinarily essential milestone,” he mentioned, including that it’ll assist individuals acknowledge that “trans ladies reside their lives in a vortex of discrimination and violence.”
Cattrachas, the group that helped deliver the Vicky Hernández lawsuit, has logged 119 killings of transgender individuals because the 2009 coup.
“There’s a sample in all of those instances: They’re all shot within the head, there have been no autopsies and no investigations,” mentioned Indyra Mendoza, the founding father of Cattrachas. “And whereas it’s true that in Honduras additionally they kill academics and cabdrivers, these murders will not be the results of non secular prejudice and fundamentalism. And people have some probability of getting justice.”
Knowledge collected by human rights organizations present that Honduras has the highest rate of murders of transgender and different gender various individuals on this planet, with Brazil and Mexico shut behind.
Almost 500 transgender ladies had been killed in Latin America from 2014 to 2019, in keeping with Sin Violencia LGBTI, a regional info community.
In Brazil final 12 months, 175 transgender ladies had been killed, in keeping with the Nationwide Affiliation of Transvestites and Transsexuals. Already in 2021, 53 transgender individuals have been killed, in keeping with the advocacy group, with the youngest sufferer simply 13.
That has made the Vicky Hernández lawsuit of deep curiosity throughout the area.
“We’re watching very intently as to how the results of the case might affect the scenario within the area,” mentioned Bruna Benevides, a researcher for Brazil’s Nationwide Affiliation of Transvestites and Transsexuals, though she expressed doubt that her nation’s conservative president, Jair Bolsonaro, would embrace any rulings that helped transgender individuals.
Rihanna Ferrera, who misplaced her run for workplace in Honduras in 2017 underneath her male delivery identify, mentioned the case was essential as a result of it might pressure the federal government to at the least make some tangible enhancements, like permitting authorized identify adjustments. Ms. Ferrera’s sister, Bessy, who was additionally transgender, was murdered in 2019.
“After what occurred to my sister, I made a decision to not depart and as an alternative to confront this discrimination, stigma, violence and criminalization,” she mentioned. “We want to not take away individuals from the hazard. We have to confront the state and inform the state: Right here we’re, and we’re at risk. We don’t have to go away. You, as the federal government, have to unravel this.”
Oscar Lopez contributing reporting.