Could you give a source for Hofer being the head of state of the Tyrol, de facto or de jure?
In point of fact, he was leading a rebellion against Bavaria, the lawful government of the Tyrol by treaty with Austria.
He was given justice of the 24-hour type, which was quite common during the period and recognized as such. Therefore it was not murder.
And, interestingly, Hofer was betrayed by a fellow Tyrolean, was he not?
Chasteler was a war criminal, encouraging the massacre of both Bavarian and French troops after capture. And when the situation went south, he sneaked out of the Tyrol to avoid capture in order to escape the death sentence imposed on him by Napoleon. If you don't have it, I can post it for you. Chasteler was a moral coward who allowed the massacre of captured soldiers who were not in violation of any rule of war. Now that is murder.
And Francis was two-faced regarding the Tyrol, under whose invasion of Bavaria the Tyroleans rose in revolt. Both he and Chasteler abandoned them when the situation deteriorated. In effect, it was they who were responsible for Hofer's execution as he led the revolt based on promises from the Austrians.