Disappearance of Sergio Rivera Hernández
On 11 September 2020, Mr. Mario Córtez Aldama, judge of the Court of Prosecution of the judicial region of South-East Tehuacán ruled to acquit the three individuals who had been charged with the disappearance of indigenous peoples’ rights and land rights defender Sergio Rivera Hernández, who has been missing since 23 august 2018.
On 20 November 2019, the trial for the disappearance of indigenous peoples’ rights and land rights defender Sergio Rivera Hernández, began in the state of Puebla. The trial is expected to last four days.
On 23 August 2018, indigenous and lands rights defender Sergio Rivera Hernández disappeared while riding his motorbike in the municipality of San Pablo Zoquitlán, Puebla.
Sergio Rivera Hernández is a human rights defender of indigenous Nahua origin and member of Movimiento Agrario Indígena Zapatista (MAIZ), a national organisation working since 1996 on environmental, indigenous and lands rights in different regions across Mexico. He has also been active in protecting the rights of indigenous communities in the region who are exposed to human rights violations as a consequence of the construction of Coyolapa-Atzatlán hydroelectric system in the Sierra Negra region of the state of Puebla, a project consisting of two dams lead by the Mexican company Minera Autlán.
On 11 September 2020, Mr. Mario Córtez Aldama, judge of the Court of Prosecution of the judicial region of South-East Tehuacán ruled to acquit the three individuals who had been charged with the disappearance of indigenous peoples’ rights and land rights defender Sergio Rivera Hernández, who has been missing since 23 August 2018.
In the early hours of the morning of 11 September, the team of legal advisers at the Action Group for Human Rights and Social Justice AC received a call, notifying them of the court summons which had been issued to hear the verdict. Judge Mario Córtez Aldama has been accused of using racist comments to discredit and discriminate against witnesses to the disappearance. Additionally, the Movimiento Agrario Indígena Zapatista (MAIZ), and other indigenous and peasant organisations accompanying the case, have reported multiple irregularities and inconsistencies both in the judicial process and in the investigations. The Action Group for Human Rights and Social Justice will appeal the verdict.
Front Line Defenders is deeply concerned both about the process of the trial and the outcome given the substantial evidence presented against the alleged perpetrators. The organization believes Sergio Rivera’s disappearance to be a direct result of his human rights work advocating against the Coyolapa-Atazla hydroelectric project. Lastly, Front Line Defenders urges the authorities in Mexico to guarantee that the appeal against this ruling is conducted in conformity with fair trial standards and that those responsible are brought before a competent and impartial tribunal, in accordance with international standards.
On 20 November 2019, the trial for the disappearance of indigenous peoples’ rights and land rights defender Sergio Rivera Hernández, began in the state of Puebla. The trial is expected to last four days.
On 23 August 2018 around 6p.m., Sergio Rivera Hernández disappeared while riding his motorcycle from his home in Coyolapa to the community of Tepexilotla, about 20 minutes away. Approximately one hour later, some members of the community claimed to have identified a white pick-up truck travelling at high speed in Tepexilotla. Another community member claimed to have seen the human rights defender's motorcycle near a road with some white papers around it, but there was no sign of the defender. A little more than a month later, on 18 September 2018, three of the four people who allegedly were involved in the disappearance of Sergio Rivera Hernández were arrested. If those detained for the disappearance of the defender are convicted, this would be the first case in Mexico in which individuals are convicted in a disappearance case involving a human rights defender.
Front Line Defenders is concerned that in the pre-trial phase, the principle of equality of arms has been violated, denying indigenous witnesses, who speak Náhuatl language, an interpreter when testifying. Front Line Defenders calls on the Mexican authorities to ensure that the trial is conducted in a fair, independent and law-abiding manner, in accordance with the highest international standards of human rights law.
On 23 August 2018, indigenous and lands rights defender Sergio Rivera Hernández disappeared while riding his motorbike in the municipality of San Pablo Zoquitlán, Puebla.
On 23 August 2018, just after 6 p.m., Sergio Rivera Hernández disappeared while travelling with his motorbike from his home in Coyolapa to his community in Tepexilotla, 20 minutes away. Approximately one hour later, some members or the community stated that they had identified a white pick-up truck speeding away from Tepexilotla. Another person from the community reported seeing the human rights defender’s motorbike abandoned near the road with some white pieces of papers lying around it, however they did not see the defender.
Sergio Rivera Hernández has previously been subject to several threats and attacks in relation to his work as a human rights defender. On 29 June 2018, he was beaten by four men linked to the municipal government of Zoquitlán, who told him that the attack was a consequence of his role in opposing the Coyolapa-Atzatlán hydroelectric project. Some days earlier, he received a death threat via a Whatsapp voice message. He was also threatened by a relative of the Zoquitlán Mayor, who, before the local elections held on 1 July 2018, told him “pray to god that the PRD (Revolutionary Democratic Party) does not lose. I will make sure something happens to you, I know people in Coyolapa”. On 9 February 2018, while returning from an advocacy trip in Mexico City with a number of other defenders, armed men burned the bus they were travelling in after evacuating it at gunpoint.
Front Line Defenders is seriously concerned about the disappearance of human rights defender Sergio Rivera Hernández and believes the attacks he has been subject to are retaliatory measures for his role in denouncing human rights violations linked to the Coyolapa-Atzatlán hydroelectric project, which is affecting both his and others’ communities in the Sierra Negra region, Puebla. Front Line Defenders expresses further concern over the lack of a safe environment in Mexico for human rights defenders to carry out their valuable work.
Front Line Defenders urges the authorities in Mexico to:
1. Take all necessary measures to determine the whereabouts of Sergio Rivera Hernández and guarantee his physical and psychological security and integrity, as well as that of his family and community and the members of MAIZ;
2. Carry out an immediate, thorough and impartial investigation into the disapperance of Sergio Rivera Hernández, as well as the threats and attacks against him, with a view to publishing the results and bringing those responsible to justice in accordance with international standards;
3. Cease all forms of harassment by local authorities against Sergio Rivera Hernández, as it is believed that it is solely related to his legitimate human rights activities.
4. Guarantee in all circumstances that all human rights defenders in Mexico are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions.
