UN Expert Calls for Release of Indigenous Rights Defenders in Mexico, Decries Long Sentences and Due Process Violations

Lawlor cited the recent revocation of David Hernández Salazar’s sentence as evidence that accusations were baseless and potentially fabricated.

The UN Special Rapporteur on human rights defenders, Mary Lawlor, has raised serious concerns over the arbitrary detention and lengthy sentences imposed on indigenous human rights defenders in Mexico. Lawlor condemned the harsh penalties as "a worrying trend" of criminalizing Indigenous leaders who advocate for their communities’ rights and protect lands from resource exploitation.

“I am alarmed that numerous Indigenous human rights defenders have not only been criminalized for their peaceful and legitimate activities but also subjected to very long prison sentences or prolonged pre-trial detention, seemingly with the intent to prevent them from continuing their human rights work,” Lawlor said.

Lawlor highlighted the cases of 10 Indigenous defenders whose detentions reflect alleged due process violations, pointing out accusations based on dubious evidence and unrelated to the defendant’s whereabouts at the time of the alleged crimes. Among the affected individuals is Zapotec leader Pablo López Alavez, detained for 14 years without trial. The UN Working Group on Arbitrary Detention previously deemed his detention arbitrary in 2017.

Other indigenous activists facing lengthy sentences include David Hernández Salazar (46 years and 6 months), Kenia Hernández Montalván (21 years and 9 months), and Tomás Martínez Mandujano (43 years and 9 months). The collective sentences for the defenders total nearly 300 years, with additional sentences of 20-58 years imposed on Saúl Rosales Meléndez, Versaín Velasco García, and other indigenous defenders.

“These long-term sentences represent the extreme end of a deeply troubling trend of misuse of criminal law against indigenous defenders, many of whom are community leaders,” Lawlor said, suggesting the punishments aim to curb their advocacy against natural resource exploitation, large-scale developments, and organized crime impacts on their lands.

The rights defenders’ advocacy focuses on issues critical to their communities, including sustainable land use, the environmental effects of extractive industries, and organized crime. Lawlor stressed that their prolonged detention harms not only the defenders but also disrupts entire communities dependent on their leadership.

Lawlor cited the recent revocation of David Hernández Salazar’s sentence as evidence that accusations were baseless and potentially fabricated. She expressed concern that similar fabrications might have been used against the other defenders. “I urge the Mexican authorities to revoke the sentences of Kenia Hernández Montalván, Tomás Martínez Mandujano, Saúl Rosales Meléndez, Versaín Velasco García, and the others, and to release Pablo López Alavez and drop the charges against him,” she said.

In addition to the personal toll, Lawlor emphasized that criminalizing indigenous defenders obstructs their communities’ rights to environmental protection, land ownership, and a sustainable livelihood. “The impact of their criminalization and prolonged incarceration goes far beyond harm to them as individuals and negatively affects their entire communities,” she stated.

The Special Rapporteur has formally contacted the Mexican Government regarding these cases, urging it to protect the rights of indigenous defenders and prevent further criminalization of their peaceful advocacy.