Our Voices

Latest Hearing: Leonela Zelaya v. Honduras

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On March 25, RFK Human Rights’ International advocacy and litigation team joined partners from the Red Lésbica Cattrachas as co-counsel in the latest hearing before the Inter-American Court of Human Rights (IACtHR) regarding the case of Leonela Zelaya v. Honduras

In August 2004, Zelaya, a trans woman, a HIV-positive sex worker, was arbitrarily detained, held incommunicado, and brutally beaten by Honduran authorities. Less than a month later, she was found dead. The State of Honduras lost the case’s files, and it took them 14 years to find it, and begin the investigation. The case has been led by Red Lésbica Cattrachas since 2004, with RFK Human Rights joining as co-counsel in 2015.

During the hearing, the team continued to push for accountability for Zelaya’s death and for the numerous instances of arbitrary detention and torture by the police that she was the victim of over two decades ago. Her case is yet another example of Honduras’s failure to adequately and appropriately address transfemicide in the country and to secure justice for trans women.

After more than 20 years, the country has failed to bring the perpetrators of Zelaya’s murder to justice.

LGBTI individuals in Honduras face some of the most dire situations of increasing rights violations and insecurity in Latin America. They experience regular transphobia and violent attacks, including from state authorities.

“Today, the state of Honduras maintains that it has made advancements in the protection of the rights of LGBTQ+ people, citing the creation of special units and security agents,” said Indyra Mendoza, coordinator at Red Lésbica Cattrachas. “But the reality is different. You can’t talk about advancements when the message of the state is clear and the same: the lives of LGBTQ+ people do not matter.”

According to RFK Human Rights and Red Lésbica Cattrachas, the case is fundamental to reinforcing the protections established in the case of Vicky Hernández, another trans woman and activist who was murdered in Honduras in 2009. As part of the IACtHR’s verdict in the Hernández case, Honduras was ordered to:

  • implement measures designed to protect trans people;
  • provide anti-discrimination training for security forces;
  • improve data collection in cases motivated by anti-LGBTQ+ bias and
  • improve protocol to guide administration of justice in cases like Hernández’s.

Violations by the State of Honduras identified at last month’s hearing include: right to life (article 4.1 of the American Convention on Human Rights), personal integrity (art. 5.1), personal freedom (art. 7), judicial guarantees (art. 8.1), honor and dignity (art. 11), freedom of expression (art. 13), equality and non-discrimination (art. 24), and judicial protection (art. 25.1), all of them in connection with the obligations under the Convention of Belém do pará on eradicating violence against women.

“There is sufficient evidence that during detention, Leonela was subjected to cruel, inhuman, and degrading treatment in violation of the obligations arising from articles 5.1 and 5.2 of the Convention,” said Baeyens. “We have requested that the state of Honduras be ordered to take a series of non-repetitive measures that reinforce and complement those ordered in the Vicky Hernández case ruling, including the creation of specialized units in certain key entities [like the Supreme Court of Honduras] for analyzing the context of violence and discrimination against LGBTQ+ people.”

As emphasized by RFK Human Rights and Red Lésbica Cattrachas, this case presents a historic opportunity for the Inter-American Court of Human Rights to strengthen its standards on enhanced due diligence in hate and prejudiced-based crimes. It is also an opportunity to recognize the concept of “social family” as illustrated by the strong sisterhood bond Leonela Zelaya had with fellow trans woman Thalía Rodriguez, who was herself killed in 2022.

“We’re here today because we believe this case can make a difference,” said Mendoza. “Leonela Zelaya was murdered because the State of Honduras permitted and perpetuated a system of violence against [LGBTQ+ people].”

RFK Human Rights and Red Lésbica Cattrachas, the State, and the Inter-American Commission will have until April 24, 2025, to submit final written arguments and observations regarding this case. The full hearing is available in Spanish here.