He 25 March 2025, In San José de Costa Rica, The Inter -American Court of Human Rights held this public hearing within the framework of the International Process against the State of Honduras for its alleged responsibility in torture, Transfemicide and other serious human rights violations of Leonela Zelaya and his social sister Thalia Rodriguez. Leonela was a trans woman, sex worker, HIV carrier, diagnosed with tuberculosis and poverty that was killed in the year 2004, Within the framework of a context of violence and discrimination against people LGBTI+ in Honduras. At least five times before his death, It was arbitrarily and tortured by police bodies.
This important case is litigated by members of the litigant network: the Red Lesbian Cattrachas Y Robert F. Kennedy Human Rights, who demanded justice on behalf of Leonela and Thalia. Two women who built a family and a joint history of more than a decade marked by the fight, resistance and solidarity with other trans women. Nevertheless, Due to the social marginalization to which they were relegated in a stigmatization climate, criminalization and extermination against LGBTI+ people, caused by religious fundamentalisms in Honduras, Both were killed; The State being the most accomplice of that persecution.
The audience began with an introduction of the facts and the context in which the case was developed. The Inter -American Human Rights Commission represented by Commissioner Roberta Clarke presented Leonela's murder as a crime motivated by prejudice against his expression and gender identity, consequently, A transfemicide. In the same way, They pointed out the breach of the state of their duty to prevent their death, Despite having knowledge of your risk situation. Also the violation of the rights of Leonela to the judicial guarantees and the duties consigned in the article 7 of the Belem do Pará Convention, for the absence of due diligence in research, prosecution and sanction of those responsible in the case. Finally, He considered that Honduras violated the right to integrity of Thalia Rodriguez, Leonela's sister, affected with his death.
Posteriorly, The Court called the two persons proposed by the representation of victims to give a statement. The first was the doctor in philosophy Gabriela Arguedas Ramírez, who addressed the impact of discardularization of the public sphere in the weakening of democracies and consequently, Erosion in human rights protection and guarantee. Proposed the ethics of minimums as the way of managing coexistence within societies, these being minimal, Human Rights. And on the other hand, He pointed out how the ethics of maximums imposed by the religious fundamentalist groups, For its uniform vocation, that crushed minorities, Like LGBTI+ people. ”.
The second expert was the lawyer and former ambassador of Peru before the OAS, Juan Jiménez Mayor, which explained the serious problems of the Honduran justice apparatus and the impact of these failures on criminal investigation against LGBTI+ people. On the case, The case file highlighted as serious failures by almost 14 years, calligraphy disagreements in the autopsy presented after 20 years and the equivocal identification of the file as an unknown person, When the victim's name is registered in the autopsy. He also mentioned the procedural difficulties that the legitimacy to act in criminal proceedings entails only, Because in much of the cases of LGBTTI people, Victims do not have contact with their consanguineous families
After this stage, The Court called the representation of victims and the State to expose its final allegations and the IACHR, Your final observations.
The petitioners were categorical in holding the State responsible for having breached their reinforced prevention duty in the face of a risk situation in which Leonela was located, enhanced by the existence of discriminatory laws, as well as not to properly investigate this fact. They also recalled that by interpretation of the Court IdH, The family concept is not limited to traditional notions. This acquires relevance in the life of trans people, They usually form close circles other than their nuclear family, as was the case of Leonela with Thalia, who must be recognized as a victim. The murder of his sister and his lack of clarification, generated in it a deep feeling of insecurity, frustration and helplessness, who could never see repaired because she was also killed in 2022. Therefore, Indyra Mendoza points out, Cottrachas coordinator that “The ignorance of the State about Thalia, results in the total deletion of our stocks as LGBTI+ people”
On the other hand, The Honduran state made a partial recognition of responsibility. He agreed to have failed to protect and guarantee Leonela's rights to personal integrity; judicial guarantees and protection; legal personality; Protection to honor and dignity; Freedom of expression; right to name and equality before the law. Nevertheless, It was not declared responsible for the violation of the right to life and personal freedom of the victim. Faced with the alleged violations committed against Thalia Rodriguez, He did not search any position and left him at the trial of the High Court, ignoring her as a leonela family. In the end, They stressed the state challenges for respect and inclusion of people LGBTI+ but also the actions they have taken on the repair measures dictated in Vicky Hernández vs Honduras, not yet fulfilled.
Posteriorly, The Inter -American Commission thanked the State for its recognition of partial responsibility, But he stressed that Leonela's transfemicide was preceded by a context of harassment and violence by state agents towards trans women sex workers, And particularly towards her, who was arrested and tortured several times due to discriminatory laws, contrary to the principle of legality. What's more, They pointed out that research shortcomings were not limited to a simple delay, as the State recognized. The case was 14 years archived because he ignored the gender identity of the victim, breaking its duty of due diligence reinforced. Nor were acts of sexual violence investigated despite the way their body was found. Besides, questionable, Taking the declaration of two protected witnesses as the only evidence, The state was responsible for another trans woman from the fact. And although Leonela and Thalia built a family, He was not allowed to access justice for his sister's murder, What coupled with the pain of death, generated anxiety and insecurity and with it, the violation of its right to personal integrity.
Finally, the Commission asked the Court to declare the responsibility of the State of Honduras for the violation of life rights, Personal integrity, judicial guarantees, honor and dignity, Freedom of expression, equality and non -discrimination and judicial protection of the American Convention and the article 7 of the Inter -American Convention to prevent, Sanction and eradicate violence against women, To the detriment of Leonela Zelaya and Thalía Rodríguez.
From the Network of LGBTI+ litigants of the Americas we wait.
We also congratulate our integral organizations, Red Lesbian Cattrachas Y Robert F. Kennedy Human Rights, for their tireless struggle for justice and repair of these serious facts.
In the video inserted at the end of this note, You can see the audience.
