Lesbians, Gays, Bisexuals, Transgender Persons (LGBT)163

5.Lesbians, Gays, Bisexuals, Transgender Persons (LGBT)¹⁶³

a.Violence

130. 
     Discrimination and violence against members of the lesbian, gay, bisexual, and transgender (LGBT) community in recent years have been a matter of concern and action by the Commission.¹⁶⁴ In relation to violence, civil society organizations denounced the high number of murders of lesbians, gays, bisexuals and transgender people in the country. Since 2009 up until December 1, 2014, there have been 174-recorded violent deaths of LGBT people in the country (90 gays, 15 lesbians and 69 trans gender people), mainly in the departments of Cortés and Francisco Morazán.¹⁶⁵
     

131. 
     For the organization CATTRACHAS, lesbian deaths are recorded in the media or in the Murder Impact Unit of the Public Prosecutor’s Office, and thus are not considered as a number adjusted to reality.¹⁶⁶ Of the 15 lesbians registered as murdered, 13 were killed by firearms, one with a knife, and one featured in the category of other forms of murder. Also, 7 were executed, 6 being riddled with bullets and one was beheaded.¹⁶⁷
     

132. 
     Civil society organizations complained of a social environment existing in Honduras of traditional discrimination against LGBT people, leading to violence motivated by prejudice. In this regard, the legislative amendment of 2013, important in the area of LGBT’s rights, was welcomed by civil society organizations working for the promotion and defense of the rights of this population. In particular, the National Congress adopted several amendments to the Criminal Code, including: (i) establishing the commission of aggravating crimes due to "hatred or contempt by reason of [...] [the] sexual orientation or gender identity" of the victim; (ii) sentences of imprisonment and fine in case of the arbitrary and illegal restriction or cancellation of the exercise of individual and collective rights, or the denial of provision of professional services on the grounds of sexual orientation and gender identity, among other reasons; and (iii) sentences of imprisonment and fines in cases of public incitement to hatred or discrimination by reason of sexual orientation and gender identity, among other reasons.¹⁶⁸
     

133. 
     The Commission has previously held that notwithstanding these legislative changes, legislation still exists in Honduras, which, in practice, creates situations that violate human rights, in particular to the detriment of transgender people.¹⁶⁹ For example, the 2001 Police and Social Coexistence Act ¹⁷⁰ has been widely criticized by civil society organizations because it facilitates police abuse and arbitrary detention of transgender people.¹⁷¹ Under this law, the police has the function of safeguarding and eliminating disturbances of the peace, morality and traditions. This law also gives police the authority to arrest anyone who "violates modesty, decency and public morals" or who "by their immoral behavior disturbs the tranquility of the neighbors." Thus, it is indicated that transgender people, particularly transgender women, are at risk of being subjected to abuse and arbitrary arrest by the police, regardless of whether or not they are engaged in the sex trade.¹⁷²
     

134. 
     Given the close relationship between violence and discrimination against LGBT individuals, the IACHR urges the Honduran government to address the underlying causes of violence related to sexual orientation and gender identity, or related to the expression of gender identity by individuals who challenge society’s traditional norms regarding gender. This includes the adoption of policies and public campaigns to promote awareness and respect for the human rights of LGBT individuals in all sectors, including in the field of education, health and in the family, in order to combat the prejudices underpinning the violence relating to sexual orientation and gender identity or expression. To this end, the Commission calls upon Honduras to collect and produce data and official records on violence against LGBT individuals, with the purpose of promoting public policies geared towards protecting their human rights.
     

135. 
     With regard to trans gender individuals, the IACHR urges the Honduran government to adopt a gender identity law or similar measures to ensure the full recognition of the identity of trans gender persons. The Commission has received information on how state recognition of the identity of trans gender individuals contributes to the reduction of violence and discrimination against them.
     

136. 
     Finally, the Commission considers that in the context of a country with high levels of insecurity and organized crime, it is particularly important for Honduras to adopt a differentiated approach to guarantee the rights to life and integrity of LGBT individuals and their human rights defenders who, reportedly, are particularly vulnerable to violence by armed groups and law enforcement. It is also vital to move forward in adopting legislation and public policies, among others, that provide effective protection for defenders of the rights of LGBT and Intersex persons. The Commission also urges the State to fully implement the precautionary measures granted to LGBT defenders.¹⁷³
     

b.Impunity

137. 
     With regard to LGBT people, the IACHR has received information indicating that killings of LGBT people or those perceived as such tend to go unpunished, and that such cases are tainted from the start by discriminatory stereotypes based on victims’ sexual orientation or gender identity or expression. In the words of one LGBT rights defender, “these killings are motivated by hatred and by prejudice toward sexual diversity.”
     

138. 
     According to information received by the Commission, of 141 violent deaths reported between 2010 and 2014, only 30 cases had been prosecuted, that is, fewer than one fourth of the violent deaths of LGBT people.¹⁷⁴ Nine of these cases reportedly resulted in convictions; 10 cases had defendants in custody, six of whom were awaiting an oral and public trial; and four cases had resulted in acquittals, two of which were under appeal by the prosecution.¹⁷⁵ Civil society organizations indicated that there are few prosecutions or convictions because the national investigation system lacks the necessary tools to recover evidence, and the judicial system does not provide effective protection for witnesses in cases involving violence against LGBT people.
     

139. 
     For its part, the State reported that the Unit on Deaths with a High Social Impact, part of the Office of the Public Prosecutor for Crimes against Life, is investigating these deaths, and that this has made it possible to bring certain cases to trial.¹⁷⁶ The State reported that between 2013 and 2014, 32 investigations were opened into violent deaths, and in 15 of these cases orders to prosecute were issued. Arrest warrants were issued in two of the cases, and there were three convictions and four acquittals. In its response to the draft of this report, the State indicated that as of May 2015, there had been 42 prosecutions of cases involving homicides of individuals from the LGBTI community. It also noted that there are already judicial precedents in cases that resulted in convictions in which it was recognized that the homicides of members of the LGBTI community were motivated by hate or contempt based on the victims’ sexual orientation.¹⁷⁷
     

140. 
     The IACHR points to the link between discrimination against LGBT people and violence against them as a result of the prejudice. “There is no government proposal to prevent violent deaths,” one LGBT rights defender stated.
     

141. 
     The IACHR urges the State of Honduras to carry out thorough investigations with all due diligence to prosecute and punish those responsible for killings and other acts of violence directed against LGBT people. In investigating such crimes, the State should investigate leads that take into account whether the crimes were committed based on the victim’s sexual orientation and/or gender identity, whether real or perceived. Moreover, the State should adopt public policies geared toward preventing violence against this group.