Open letter: The UN Working Group on Arbitrary Detention confirms the unjustly accusation and arbitrary detention of the Tzeltal human rights defenders Manuel Santiz Cruz, Agustín Pérez Domínguez, Juan Velasco Aguilar, Martín Pérez Domínguez, Augustín Pérez Velasco and Agustín Pérez Velasco
Dear Sirs and Madams,
We are writing to express our concern for the five unjustly detained Tzeltal human rights defenders Manuel Santiz Cruz, Agustín Pérez Domínguez, Juan Velasco Aguilar, Martín Pérez Domínguez and Agustín Pérez Velasco, who were arbitrarily detained in 2022 and who have since been imprisoned in the prison el Centro Estatal de Reinserción Social para Sentenciado (CERSS) n° 5, in light of the recent statement about their case, made on 4 April 2025 by the UN Working Group on Arbitrary Detention.
The UN Working Group on Arbitrary Detention conducted a visit to Mexico and the State of Chiapas in September 2023, and after receiving information about the case from various sources, presented its brief to the Government of Mexico on 22 July 2024. The Government’s response was received on 18 October 2024. On 4 April 2025, the Working Group issued a statement highlighting a series of points concerning the human rights violations committed against the five detainees in the context of both their arrest and judicial proceedings. These included:
- The arrest of the five was carried out without an arrest warrant and without the detainees being informed of the charges against them. Nor were they brought before a judge once they were arrested. The arrest warrant was issued after the event, but before the Prosecutor’s Office had requested it, which is evidence of the judge’s bias in the criminal proceedings.
- There were no reasons for the application of pre-trial detention, revealing the arbitrary application of a mechanism that should be the exception and not the norm.
- Manuel Sántiz Cruz, Agustín Pérez Domínguez and Juan Velasco Aguilar were subjected to forced disappearance during the 24 hours following their detention.
- The detainees did not have access to a Spanish-Tzeltal interpreter either at the time of their arrest or during their judicial proceedings, until the reinstatement of the hearings.
- The evidence presented by the Prosecutor’s Office in the two trials display inconsistencies such as the lack of data on the location of the victim during a key period, the omission of the first responder protocol, deficiencies in the determination of the cause of death, contradictions between the autopsy and the expert reports, the absence of formal identification of the deceased, use of experts without professional credentials and medical conclusions that do not correspond with the content of the report. In turn, the injuries described do not coincide between the different reports or with the corpse.
Furthermore, the Working Group recognises the five men as human rights defenders and considers that the accusation and detention of them is due to their work in defense of land and territory and the fact that they belong to the Tzeltal ethnic group, and that they faced discrimination due to their lack of fluency in Spanish.
As a result, the group calls for:
- The Government of Mexico to immediately release Manuel Santiz Cruz, Agustín Pérez Domínguez, Juan Velasco Aguilar, Martín Pérez Domínguez and Agustín Pérez Velasco and grant them the effective right to obtain compensation and other reparation, in accordance with international law.
- The Government of Mexico to conduct a thorough and independent investigation into the circumstances surrounding the arbitrary deprivation of liberty of the five individuals and take appropriate measures against those responsible for the violation of their rights.
There is a binding framework to which the Mexican State must adhere to, since, as a member of the United Nations since 1945, it has assumed clear commitments on human rights, which include respect for and attention to international mechanisms. In particular, in view of the statement of the UN Working Group on Arbitrary Detention, the Mexican State is legally and politically committed to take it into account and to act accordingly. This is based on Resolution 30/30, which requires states to seriously consider the opinions of the Working Group, to take the necessary measures to correct the situations denounced and to report on the actions taken. It is also based on the Federal Civil Service Organisation Act, which establishes that it is the responsibility of the Ministry of the Interior – through its competent bodies – to monitor compliance with human rights and to follow up on the recommendations issued by international bodies. This is demonstrated by the arguments in judgment RA (P) 298/2022 of First Collegiate Court for Criminal and Administrative Matters of the Eighteenth Circuit in the State of Morelos, which resolves the failure of the authorities to provide comprehensive reparation measures in favour of the complainant.
It should be noted that the UN Special Rapporteur on Human Rights Defenders and the UN Special Rapporteur on Indigenous Peoples issued a joint statement on 9 October 2024, in which they sought to draw the Mexican Government’s attention to the alleged arbitrary detention, misuse of criminal law and disproportionate sentencing of several human rights defenders, including Agustín Pérez Velasco, Martín Pérez Domínguez, Juan Velasco Aguilar and Agustín Pérez Domínguez. It reminds the Mexican State of its international obligations and requests information relating to the cases that are the subject of the communication. In the State’s response to the statement, the case of the defenders of San Juan Cancún was not addressed.
We would also like to express our concern about the human rights violations that the Swedish Movement for Reconciliation – SweFOR has observed in its accompaniment and documentation work, both in the context of the detention and during the hearings and prison visits. SweFOR was present at the detention of Agustín Pérez Velasco and Martín Pérez Domínguez and witnessed the disproportionate use of force and the intimidating attitude of the arresting officers, who denied the detainees and their lawyers the opportunity to see the arrest warrant, to know the reasons for the arrest and to know their rights as detainees. During the first hearings, they observed the discriminatory treatment by the court towards the Tzeltal people present at the trial, as well as the openly threatening and intimidating treatment of the defense lawyers.
Moreover, the judicial process has been systematically obstructed, through for example constant cancellation of hearings and denial of international observers and the press to be present. It should also be noted that when visiting the prison SweFOR observed several worrying features for the detained: unjust accusation and the living conditions in the prison have led to medical problems that have not been addressed by the prison authorities, while the changes in the visiting protocols have greatly restricted the possibilities for the families to visit them, resulting in a detrimental psychological impact for the men. These concerns have been raised in several letters sent to the authorities on previous occasions.
We would like to call on the competent authorities of the Mexican State and the State of Chiapas to:
- Comply with the statement issued by the Working Group on Arbitrary Detentions, which would mean the immediate release of Manuel Sántiz Cruz, Juan Velasco Aguilar, Augustín Pérez Domínguez, Agustín Pérez Velasco and Martín Pérez Domínguez; as well as an investigation into the authorities responsible for their arrest, and full reparation for all damages caused.
- Comply with its international obligations regarding the protection and guarantee of the human rights of indigenous peoples and human rights defenders, as well as the covenants to which Mexico is a signatory, particularly Resolution 30/30 of 2016, approved by the UN General Assembly.
- Guarantee non-repetition of arbitrary deprivation of liberty of human rights defenders, as well as other unjust detentions.
We would like to call on the diplomatic representations and the international community in Mexico to:
- Urge the Mexican State to comply with the statement of the Working Group on Arbitrary Detention and immediately release Manuel Sántiz Cruz, Juan Velasco Aguilar, Augustín Pérez Domínguez, Agustín Pérez Velasco and Martín Pérez Domínguez; to investigate the authorities responsible for their arrest, and to make full reparation for all damages caused.
- Make a public statement concerning the statement of the Working Group on Arbitrary Detentions on the case of the five detainees from San Juan Cancuc and urge the state and federal authorities to release them immediately, to investigate the authorities responsible for their unjust detention, and to make full reparation for all damages caused.
- Urge the Mexican state to comply with its international obligations to protect and guarantee the human rights of indigenous peoples, human rights defenders and due process guarantees.
We hope this letter will be of interest to you and motivate you to take action. We thank you in advance for your attention and look forward to your response to this letter.
Amnesty International | Asociación por la Paz y los Derechos Humanos Taula per Mèxic | International Federation for Human Rights (FIDH), in the framework of the Observatory for the Protection of Human Rights Defenders | Front Line Defenders | Swedish Fellowship for Reconciliation – SweFOR | World Organisation Against Torture (OMCT), in the framework of the Observatory for the Protection of Human Rights Defenders | International Service for Peace, SIPA I International Service for Peace, SIPAZ | The Indigenous Peoples Rights International | The Indigenous Peoples’ Rights International