Disappearance of human rights defender Dr. Ernesto Sernas García
On 6 November 2018, 22 members of Sol Rojo announced that they were acquitted of the charges against them after three years of a judicial process marked by irregularities. The group was legally represented by human rights defender and lawyer Dr. Ernesto Sernas García.
On 10 May 2018, human rights defender and university professor, Dr. Ernesto Sernas García disappeared in San Agustín de las Juntas, Oaxaca. His disappearance coincides with a decisive moment in a criminal procedure against 23 activists he is legally representing.
Dr. Ernesto Sernas Garcia is a Constitutional Law professor at Universidad Autónoma Benito Juárez de Oaxaca and had been legally representing 23 activists, members of Sol Rojo, a left-wing labour rights organisation, that were arbitrarily detained in 2015 and accused of terrorism and carrying explosives. Although they have been released, the criminal procedure against them is ongoing. At the time of his disappearance, Dr. Ernesto Sernas Garcia was about to submit evidence that could have proved irregular criminal procedures and human rights violations against the 23 activists.
On 6 November 2018, 22 members of Sol Rojo announced that they were acquitted of the charges against them after three years of a judicial process marked by irregularities. The group was legally represented by human rights defender and lawyer Dr. Ernesto Sernas García, who disappeared on 10 May 2018, in circumstances related to this case. His work was essential to the present outcome.
Dr. Ernesto Sernas Garcia is a Constitutional Law professor at Universidad Autónoma Benito Juárez de Oaxaca. He had been legally representing the 22 members of Sol Rojo. He disappeared on 10 May 2018, just before submitting the evidence that resulted in the acquittal of the activists.
On 6 November 2018, the 22 activists members of Sol Rojo announced that they were acquitted of the charges of terrorism and carrying of explosives filed against them on 7 June 2015, when they were arbitrarily arrested for participating in a peaceful demonstration. The criminal procedures following the arrest were marked by irregularities and human rights violations of the defendants, including reports of torture in custody. Before his disappearance, Ernesto Sernas Garcia had gathered key evidence that proved the innocence of the Sol Rojo members and demonstrated the pattern of criminalisation against them.
On 28 September 2018, the United Nations Committee on Enforced Disappearances (CED) issued an urgent action to the Mexican State on the disappearance of Ernesto Sernas Garcia, urging the Mexican authorities to carry out a thorough investigation. The CED also requested protection measures for Ernesto Sernas Garcia’s family and for members of Sol Rojo. Up to date, the defender’s family has not received information regarding progress in the investigation into his disappearance from the Mexican authorities
On 10 May 2018, human rights defender and university professor, Dr. Ernesto Sernas García disappeared in San Agustín de las Juntas, Oaxaca. His disappearance coincides with a decisive moment in a criminal procedure against 23 activists he is legally representing.
Dr. Ernesto Sernas Garcia is a Constitutional Law professor at Universidad Autónoma Benito Juárez de Oaxaca and had been legally representing 23 activists, members of Sol Rojo, a left-wing labour rights organisation, that were arbitrarily detained in 2015 and accused of terrorism and carrying explosives. Although they have been released, the criminal procedure against them is ongoing. At the time of his disappearance, Dr. Ernesto Sernas Garcia was about to submit evidence that could have proved irregular criminal procedures and human rights violations against the 23 activists.
Local human rights organisations have criticised the government for its lack of a meaningful response to Dr. Ernesto Sernas Garcia’s disappearance. The government has not informed Dr. Ernesto Sernas Garcia’s family about having opened an investigation and has not publicly addressed the disappearance.
The lack of effective investigations into attacks against human rights defenders, and the failure to sanction the perpetrators and provide adequate protection has generated a climate of impunity that prevents human rights work and provides an opportunity for attacks to be carried out.
According to reports provided by local organisations, Oaxaca is the second most dangerous state to carry out human rights work, and responsible for almost 60% of all recorded attacks against women human rights defenders in Mexico. So far in 2018, there have been at least 28 attacks against human rights defenders in Oaxaca, including three killings of indigenous defenders.
Front Line Defenders is concerned about the disappearance of Dr. Ernesto Sernas García, as it believes his disappearance is linked to his legitimate human rights activities. Front Line Defenders expresses further concern at the climate of impunity and the lack of a safe environment for human rights defenders in Mexico.
