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Case History: Nataniel Hernández Núñez

Status: 
Judicial harassment
About the situation

On 7 February 2013, human rights defender Mr Nataniel Hernández Núñez was arrested and detained for seven hours. Since 2010, he has been subjected to a continued and systematic campaign of judicial harassment, of which the recent arrest is the latest act.

About Nataniel Hernández Núñez

Nataniel Hernández NúñezNataniel Hernández Núñez is the director of the Centro de Derechos Humanos Digna Ochoa (Digna Ochoa Human Rights Centre), a non-profit civil association based in the Istmo region of Chiapas which works to promote civil, political, economic, social and cultural rights, as well as providing legal advice.

12 February 2013
Ongoing judicial harassment of human rights defender Mr Nataniel Hernández Núñez

On 7 February 2013, human rights defender Mr Nataniel Hernández Núñez was arrested and detained for seven hours. Since 2010, he has been subjected to a continued and systematic campaign of judicial harassment, of which the recent arrest is the latest act.

On 7 February 2013, at approximately 1pm, Nataniel Hernández Núñez was attending a meeting in the offices of the Under-Secretary of the Government of the State of Istmo-Costa with representatives of the Secretary of Health, the Government of Istmo-Costa and the Regional Autonomous Council of the Coastal Zone of Chiapas.

The dialogue was held in order to discuss the National Civil Network Against High Prices of Electricity, a national campaign protesting against rising energy costs, which was being marked that day by a series of public mobilisations across Mexico. The meeting was interrupted by members of the state, ministerial and municipal police, who proceeded to arrest Nataniel Hernández Núñez and take him from the offices.

For the duration of the detention, Nataniel Hernández Núñez's whereabouts were unknown to his family and colleagues. His detention was reportedly the result of an arrest warrant issued by the Third District Court of Tapachula, accusing the human rights defender of obstructing the public rights of way.

Nataniel Hernández Núñez was transported by van to the city of Tuxtla, Gutiérrez, reportedly on the instructions of the Federal Public Ministry of the city of Arriaga, Chiapas. At approximately 2.15pm, the human rights defender was at Ángel Albino Corzo airport, where the authorities were awaiting instructions to transfer him to the city of Tapachula, Chiapas, however instead he was taken to the offices of the Attorney General, where he was informed that he was being released following negotiations with the Interior Secretary in Mexico City and the National Civil Network Against High Prices of Electricity. The human rights defender was released at approximately 8pm.

Nataniel Hernández Núñez has been the subject of repeated acts of judicial harassment. On 23 March 2011 and 18 June 2010, Front Line Defenders issued an urgent appeal on the campaign of judicial harassment faced by the human rights defender, while on 2 April 2012, an urgent appeal was issued regarding threatening and intimidating text messages he had received, reportedly from civil servants of the Chiapas State Government.

Front Line Defenders expresses serious concern at the continued campaign of judicial harassment faced by Nataniel Hernández Núñez, which it believes to be solely motivated by his legitimate and peaceful work as a human rights defender, in particular his activities with the National Civil Network Against High Prices of Electricity.

2 April 2012
Human rights defender Mr Nataniel Hernández Núñez subjected to threats and intimidation from civil servants

On 27 March 2012, human rights defender Mr Nataniel Hernández Núñez received threatening and intimidating sms text messages purportedly from civil servants of the Chiapas State Government.

At approximately 6:55 am, Nataniel Hernández Núñez received a message to his mobile phone from a number which belongs to Antonio Gamboa López, the present Sub-Secretary of Government and Human Rights in the Chiapas State Government. It warned him “Sigo luchando por asunto y me dicen que vas a reincidir. No te compliques. Ya es cuestión de días para resolver” (I continue fighting for this issue and they tell me you are going to insist. Don't make your life more complicated. It is now a matter of days before it is solved). He received four further intimidating messages from the same number that day, one of which said “al que delinque se le persigue” (whoever commits a crime will be persecuted) and with another one minute later stating: “no delincas” (so don't do it).

He also received two messages from the Sub-Secretary of the Government of the Istmo Costa region, Dr. Saín Cruz Trinidad, which read “amigo te hablo con mucho respeto en nombre del Sr. Secretario General de Gobierno nos ayudes a que no se lleve a cabo el paro carretero del 29 ayúdanos para que no afectes a terceros” (Friend I am talking to you with great respect in the name of the Secretary General of the Government help us to prevent the strike on 29th help us so that you don't affect others) and “Ayúdanos a mantener la paz en Chiapas amigo“ (Help us to keep the peace in Chiapas).

The threatening and intimidating messages come in the context of a demonstration organised for 29 March 2012 by members of the Consejo Autónomo Regional de la Zona Costa de Chiapas (Autonomous Regional Council of the Coastal Zone of Chiapas), which the Government of Chiapas, through the Sub-Secretariat Istmo Costa and Government Delegation, were trying to stop. The Consejo Autónomo Regional de la Zona Costa de Chiapas is supported by the Centro de Derechos Humanos Digna Ochoa.

Later the same day, at 6:43 pm Nataniel Hernández Núñez received a series of calls from an unknown number and for that reason he did not answer the phone. It was later discovered that the number was that of the offices of the Pijijiapan Delegation in the Sub-secretariat of the Government of the Istmo-Costa region headed by Mario Ramon Becerra.

Front Line Defenders expresses serious concern for the physical and psychological integrity of Nataniel Hernández Núñez in light of the intimidating and threatening text messages he received on behalf of officials of the Chiapas State Government. Front Line Defenders believes that these messages are directly related to his peaceful and legitimate work in defence of human rights activities.

23 March 2011
Judicial harassment of human rights defender Mr Nataniel Hernández Núñez

Human rights defender Mr Nataniel Hernández Núñez is subject to an ongoing campaign of judicial harassment. Nataniel Hernández Núñez is the director of the Centro de Derechos Humanos Digna Ochoa (Digna Ochoa Human Rights Centre), a non-profit civil association based in the Istmo region of Chiapas which works to promote civil, political, economic, social and cultural rights, as well as providing legal advice.

On 18 March 2011, Nataniel Hernández Núñez was released on bail of 11,000 Mexican pesos following his arrest and detention on 15 March 2011 in Tapachula de Córdova y Ordoñez, Chiapas State. However, he is obliged to report to Tapachula every Tuesday and legal proceedings against him, on charges of obstructing the public rights of way, continue.

It is reported that on 15 March 2011, Nataniel Hernández Núñez was in Tapachula de Córdova y Ordoñez accompanying five community members who had sought his intervention and support, four of whom were detained prior to the arrest of the human rights defender.

Nataniel Hernández Núñez had been investigating the situation of the detained individuals in the compound of the First District Court when, at approximately 20:00, a federal arrest warrant was issued against him on charges of obstructing the public rights of way.

The charges against him stem from an investigation launched in 2010 relating to his role in the observation of a protest which took place on 11 April 2010 in which protesters blocked the road between Pijijiapan and Tonalá. Nataniel Hernández Núñez was first made aware of the charges against him on 11 June 2010 (see Front Line Urgent Appeal dated 18 June 2010).

Recently, on 22 February 2011, Nataniel Hernández Núñez was arrested along with 18 other individuals and charged with rioting. He was also charged with extortion. Nataniel Hernández Núñez and the other 18 individuals were released on 2 March, but the penal process has since remained open and it is feared that a new arrest warrant may be issued against Nataniel Hernández Núñez in relation to the charge of extortion.

Front Line believes that the ongoing judicial harassment of Nataniel Hernández Núñez is directly related to his legitimate and peaceful work in defence of human rights.

18 June 2010
Judicial harassment of human rights defender Mr Nataniel Hernández Núñez

Human rights defender Mr Nataniel Hernández Nuñez is being subjected to judicial harassment by the authorities in Chiapas, Mexico. On 11 June 2010, representatives of the Policía Federal Ministerial - PFM (Federal Ministerial Police) arrived at the offices of CDH Digna Ochoa in order to inform Nataniel Hernández Núñez that he was summoned to attend a Preliminary Inquiry at the Ministerio Público Federal – MPF (Federal Public Ministry) in Arriaga, Chiapas on 15 June 2010 as there were charges against him for the obstruction of public rights of way.

Upon presenting himself before the federal investigatory authority as requested, Nataniel Hernández Núñez was informed of an ongoing investigation against him with regard to a roadblock which was carried out on 21 April 2010 on the motorway between Pijijiapan and Tonalá. The roadblock in question was organised by various groups involved in the Consejo Autónomo Regional de la Zona Costa de Chiapas (Regional Autonomous Council of Coastal Chiapas) in order to protest against high electricity rates and the refusal of the Comisión Federal de Electricidad (Federal Electricity Commission) to reinstall electricity supplies to the community of Los Pinos in the municipality of Pijijiapan.

During the three-hour long interrogation, Nataniel Hernández Núñez was informed that he had been identified by the Federal and Municipal Police as the leader of the group that had carried out the roadblock, and that there was photographic and video evidence of his presence at the event. He was questioned about his presence at the roadblock and his work as director of CDH Digna Ochoa. Nataniel Hernández Núñez maintains that his presence at the roadblock was in his capacity as director of CDH Digna Ochoa, as he had been asked to participate as an observer in order to document any violation of human rights which may have taken place. It is feared that an arrest warrant may be issued against Nataniel Hernández Núñez subsequent to the Preliminary Inquiry.