The brand-new Federal Judiciary has a historic opportunity to demonstrate that it will eradicate structural racism from its institutions and that it is determined to deliver justice for indigenous peoples with equity and an intercultural perspective. This is one of the first tests for one of the branches of the Union, now headed by Hugo Aguilar Ortiz, the Ñuu Savi lawyer who promised to open the doors of the Court to the people, especially those who have been denied justice.
For its part, the federal executive branch also has the opportunity to demonstrate that it wants to build a relationship with indigenous peoples, tribes, and nations based on genuine respect, far from political patronage, and where rights are fully recognized: without conditions and without demanding allegiance or submission in return.
This case not only defines the future of five men unjustly deprived of their liberty, but also sets a precedent for the kind of country that can be built: one that honors its cultural diversity and guarantees justice for all people, without exception.
In the heart of the mountains of Chiapas, today the struggle for land and indigenous dignity is written with specific names: Manuel Santiz Cruz, Agustin Perez Dominguez, Juan Velasco Aguilar, Martin Perez Dominguez, and Agustin Perez Velasco. These five Tseltal defenders from San Juan Cancuc have been imprisoned for more than three years for a crime they did not commit, victims of a system that criminalizes the defense of territory and human rights.
The recent Opinion 21/2025 of the United Nations (UN) Working Group on Arbitrary Detention, published in May 2025, confirms the arbitrariness of the detention of the indigenous people of Chiapas. It also exposes a historical and systematic pattern of repression against rebellious indigenous peoples that has not been dismantled.
The case of the Cancuc Five is also an emblematic example of the fabrication of guilt. Arrested in May 2022 after the death of a municipal police officer in unclear circumstances, Mexican state authorities used tactics such as fabricating drug possession charges to keep them in prison while an aggravated homicide charge was being prepared, for which they are now serving a sentence of 18 years and 9 months. Among the documented irregularities, it is noteworthy that the arrest warrant was issued even before the prosecutor’s office requested it. Furthermore, the detainees were never informed of the reasons for their arrest nor were they shown the warrant. Three of them were held incommunicado for 24 hours, which the Working Group considers to be forced disappearance.
But what really defines this case is the context of their struggle: these men are defenders of their territory against megaprojects such as the San Cristóbal-Palenque highway, the construction of hydroelectric dams, and what they consider to be the militarization of the region.
Manuel Sántiz Cruz, as president of the San Juan Cancuc Human Rights Committee, was one of the most visible voices in this resistance. His arrest is a punishment for opposing economic and political interests that seek to dispossess indigenous communities of their lands. The UN Working Group points out that they were discriminated against both for their work as defenders and for their indigenous identity. It highlights the fact that they were denied access to Spanish-Tseltal interpreters during the judicial process.
The case confirms a pattern of criminalization against indigenous defenders that has not been eradicated in Chiapas. The judicial system, which should be a guarantor of protection and access to justice, has been regularly used to generate fear and demobilize community resistance. This pattern benefits companies and criminal groups that, allied with politicians, operate in the region.
The Mexican state’s response to Opinion 21/2025 will be a test of its commitment to human rights. The UN’s recommendations are binding and demand immediate release; comprehensive reparations that go beyond financial compensation; and an independent investigation into the violations of human rights and due process.
The struggle for freedom for the five from Cancuc is also a struggle for justice for all indigenous peoples in Mexico. The Mexican State is called upon to comply with its international obligations. Impunity cannot be the final word. The Fray Bartolomé de las Casas Human Rights Center documented and accompanied the process from the beginning. The irregularities it reported were confirmed by the UN Working Group. Other organizations and collectives, such as No Estamos Todxs and Abajo los Muros de las Prisiones, also accompany, document, and carry out information campaigns on the issue.
Why does the Mexican State have the opportunity to redress this abuse and affront?
A new amparo trial for this case is currently pending review. Therefore, the Federal Judiciary could conduct a thorough analysis that incorporates the Opinion of the UN Working Group as a central element. This would allow it to issue a ruling that fully restores the rights of the five defenders and prioritizes their immediate release.
For its part, the Federal Secretariat of the Interior, headed by Rosa Icela Rodríguez, could establish an urgent dialogue to comply with international recommendations, as the Working Group set a six-month deadline for the State to report on the release and full reparation.
Original text by Zosísimo Camacho published in Luces del Siglo on September 4th, 2025.
Translation by Schools for Chiapas.