IV. Vulnerable persons

F. Lesbian, gay, bisexual and transgender individuals

85. The Special Rapporteur was alerted to an alarming pattern of grotesque homicides of lesbian, gay, bisexual and transgender (LGBT) individuals and broad impunity for their perpetration, sometimes with the suspected complicity of investigative authorities. Several interlocutors stated that between 2005 and March 2013, 555 homicides targeting the sexual orientation or gender identity of the victim were recorded. Sharp weapons are apparently used to kill in many of the cases, and the victims’ bodies often show deep cuts and further signs of torture including anal rape and genital mutilation.

86. Killings of LGBT individuals are marked by either a total failure to investigate or a faulty investigation guided by stereotypes and prejudice. This concern has also been raised by CNDH, which has indicated that crimes and human rights violations based on sexual orientation, gender identity or expression are not isolated, but are emblematic of patterns of conduct of some members of society and recurrent actions of certain public servants, including prejudices, dislikes and rejections, reflecting the existence of a serious structural problem of intolerance.^[13] The Special Rapporteur was told that authorities are quick to close such cases by calling these killings “crimes of passion” and choosing not to pursue their prosecution as seriously as they should.

87. The Special Rapporteur was further briefed on two cases in which an LGBT individual reported a death threat to government authorities and the state human rights commission and was subsequently killed without intervention or protective measures. According to information received, CNDH has considered a number of crimes based on homophobia in which the perpetrators have been identified as civilians and police officers. The implication of police involvement is reinforced at a systemic level by large-scale impunity.

88. The Government assured the Special Rapporteur that it will be taking this issue further, including through the reactivation of a campaign against homophobia and through other legal and policy mechanisms. The Special Rapporteur stresses the importance of ensuring the accountability of all persons involved in death threats or killings of LGBT individuals.

VI. Recommendations

B. Vulnerable persons

111. Full, prompt, effective, impartial and diligent investigation of homicides perpetrated against women, migrants, journalists and human rights defenders, children, inmates and detainees and LGBT individuals should be ensured. 119. Police and other authorities should be trained on gender-identity and sexual-orientation awareness; protective and precautionary measures should be ensured; and societal tolerance should be encouraged.

Full text of the report: Report-SREJE-Mexico-2014-eng

Comments by the State on the report: Report-SREJE-Mexico-state reply-2014-eng