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Inter-American court rules Honduras responsible for transgender woman’s murder

Vicky Hernández killed after 2009 coup

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Vicky Hernández (Photo courtesy of Cattrachas)

Reportar Sin Miedo is the Washington Blade’s media partner in Honduras. Reportar Sin Miedo published an original version of this article on their website on Monday.

TEGUCIGALPA, Honduras — In an unprecedented decision in the history of Honduras, the Honduran state was found guilty today of the extrajudicial execution of transgender activist Vicky Hernández, which occurred on the night of June 28-29, 2009.

The crime occurred during a curfew after the coup that overthrew former President Manuel Zelaya to install Roberto Micheletti’s de facto government.

The Inter-American Court of Human Rights’ ruling against the Honduran state is a milestone in the history of justice in the country and for LGBTIQ+ populations in Latin America.

This ruling, unprecedented in Honduran history, came after 12 years of struggle by Hernández’s family and a team of professionals led by Red Lésbica Cattrachas, Robert F. Kennedy Human Rights and other Honduran organizations.

The ruling against the Honduran state, and in favor of Vicky’s family, is an extraordinary event that will result in more protection for all trans, lesbian, gay and bisexual people in Honduras. It is also a precedent for any LGBTIQ+ person violated in Latin America due to discrimination.

Twelve years of fighting for Vicky

The court’s decision against the state of Honduras is the culmination of 12 years of work by a team of lawyers and Hernández’s family. The trans activist was 26-years-old when she was murdered by state security forces, according to her lawyers’ arguments.

The defense work culminated in two virtual hearings before the court in November 2020 in which experts and witnesses from Honduras and the rest of the Americas participated.

Hernández’s lawyers throughout the hearings argued that the Honduran state security forces were responsible for her death, since they were the only ones who could move freely through the streets of San Pedro Sula during the post-coup curfew.

The defense also argued that the State did not perform an autopsy on the corpse or hid it with the excuse that Hernández suffered from HIV/AIDS.

For Cattrachas Coordinator Indyra Mendoza, the important thing is to get “the court to rule on the extrajudicial execution and to investigate the chain of command. Why? Because this makes us equal in the Honduran collective imaginary.”

Justice for all

With today’s guilty verdict against the state of Honduras, justice has been achieved not only for Vicky’s death, because 14 trans women, 16 gay men and many more people were murdered during the coup, according to Mendoza.

This unprecedented sentence means more than justice in Vicky’s case.

“This is the opening for them to see that no struggle is exclusive to one group of people,” Mendoza adds. “If the amnesty given in the coup d’état is eliminated, it would be a great LGTBI contribution to this country where the human rights of journalists, lawyers, defenders of indigenous territories, Garifunas and villagers are violated.”

Vicky Hernández’s mother with her other daughter, Tatiana. (Photo courtesy of Reportar Sin Miedo)

It is a huge win for Vicky’s mother, Rosa Hernández, who has been demanding “justice for all” for 11 years.

“They have to respect the rights of them for being trans and of them for being lesbians, because they are human. Why discriminate against them? There can’t be discrimination,” adds Rosa, who is 66-years-old.

This brave woman has been at the forefront of the struggle to vindicate the memory of trans women from San Pedro Sula, in northern Honduras, for the past 11 years. With this ruling, her dream of justice is fulfilled.

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Europe

Switzerland marriage equality law takes effect

Voters last September overwhelmingly approved ‘Marriage for All’ law

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(Public domain photo)

A law that allows same-sex couples to legally marry in Switzerland took effect on Friday.

Swiss voters last September voted overwhelmingly in favor of the “Marriage for All” law.

Maria von Känel of Regenbogenfamilien (Rainbow Families) on Friday posted to her Facebook page a picture of her and her wife with a marriage license and a message that said “the celebrations can begin.”

Neighboring Austria, Germany and France are among the European countries that have extended marriage rights to same-sex couples. Scott Miller, the U.S. ambassador to Switzerland and Liechtenstein who is openly gay, is married to Tim Gill.

“Today we celebrate marriage for all,” tweeted the U.S. Embassy in Switzerland on Friday. “Congratulations to Switzerland on this historic day.”

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Russia

Brittney Griner trial begins in Moscow

WNBA star faces up to 10 years in prison

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(Screenshot courtesy of Russian television)

The trial of detained WNBA star Brittney Griner began on Friday in Moscow.

Russian media reports indicate authorities initially did not allow journalists into the court room, but two reporters were eventually able to enter. The Washington Post reported U.S. Chargé d’Affaires Elizabeth Rood and other American diplomats were present.

Officials at Moscow’s Sheremetyevo Airport in February detained Griner — a Phoenix Mercury center and two-time Olympic gold medalist who is a lesbian and married to her wife, Cherelle Griner, — after customs inspectors allegedly found hashish oil in her luggage. The State Department later determined that Russia “wrongfully detained” her.

Secretary of State Antony Blinken on May 14 spoke with Cherelle Griner. White House National Security Advisor Jake Sullivan this week said he has also spoken with her.

Officials with the State Department’s Office of the Special Presidential Envoy for Hostage Affairs and Bureau of Educational and Cultural Affairs on June 13 met with Brittney Griner’s teammates to discuss her detention and efforts to secure her release.

Brittney Griner on June 18 was unable to speak with her wife on their fourth anniversary because the phone at the U.S. Embassy in Moscow that she called went unanswered. A State Department spokesperson later admitted a “logistical error” prevented Brittney Griner from speaking with Cherelle Griner.

Brittney Griner faces up to 10 years in prison if she is convicted.

The Council for Global Equality and the Human Rights Campaign are among the dozens of advocacy groups who signed a letter to President Joe Biden and Vice President Kamala Harris last week that urged them to do more to secure Brittney Griner’s release. The U.S. House of Representatives on June 24 approved a resolution that called upon Russia to immediately release her.

“Brittney Griner is wrongfully detained, unjustly detained and we have made that clear as an official determination of the U.S. government,” Sullivan told reporters on Tuesday. “Second, the Russian government should release her and allow her to be returned and reunited with her family and come home safe and sound.”

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Caribbean

Final vote on new Cuba family code expected in September

Same-sex couples poised to receive marriage, adoption rights

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(Washington Blade photo by Michael Key)

The Washington Blade’s media partner in Cuba is reporting a final referendum on whether the final draft of a new family code that would extend marriage and adoption rights to same-sex couples will take place in September.

Tremenda Nota on June 23 reported a specific date for the referendum has not been announced, but it quoted comments President Miguel Díaz-Canel made the day before during a meeting of the commission that has written the draft. 

“We are entering a decisive stage,” said Díaz-Canel, according to Tremenda Nota. “We are going to need all the support that we need to ensure the emancipatory principles of equality and inclusion that the family code defends are actually approved.”

The National Assembly late last year approved the draft family code. 

A “popular consultation” ended on April 30. Tremenda Nota reported the last of the family code’s 25 drafts was presented to Díaz-Canel and other officials on June 6.

Díaz Canel and Mariela Castro, the daughter of former President Raúl Castro who is the director of Cuba’s National Center for Sexual Education, are among those who publicly support marriage equality. Cuban voters in 2019 overwhelmingly approved the draft of their country’s new constitution, but the government’s decision to remove a marriage equality amendment before the referendum on it sparked outrage among independent LGBTQ and intersex activists.

Efforts to implement the new family code are taking place against the backdrop of continued persecution of LGBTQ and intersex Cubans and others who publicly criticize the country’s government.

Tremenda Nota Editor Maykel González Vivero is among the hundreds of people who were arrested during anti-government protests that took place across Cuba on July 11, 2021.

Yoan de la Cruz, a gay man who used Facebook Live to livestream the first protest that took place in San Antonio de los Baños in Artemisa province. De La Cruz subsequently received a 6-year prison sentence, but he was released on house arrest last month.

Reports indicate Brenda Díaz, a transgender woman who was arrested during a July 11 protest in Güira de Melena in Artemisa province, on Wednesday received a 14-year prison sentence. 

Editor’s note: Tremenda Nota’s original story is here.

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