Mexico: 24 Years After Their Arbitrary Detention, Jorge, Ricardo and Sergio Remain Deprived of Liberty Despite UN Opinion

On the twenty-fourth anniversary of the detention of Jorge Hernández Mora, Mario Ricardo Antonio Almanza Cerriteño, and Sergio Rodríguez Rosas, the World Organisation Against Torture (OMCT) expresses its deep concern over the continued deprivation of their liberty, despite the finding of the United Nations Working Group on Arbitrary Detention (WGAD) that their detention is arbitrary. The Mexican State has yet to fully comply with the recommendations set out in Opinion No. 32/2023, including the victims’ immediate release. 

On 13 August 2002, Jorge, Ricardo, and Sergio were detained by authorities from the State of Tlaxcala without valid judicial arrest warrants and outside the circumstances permitted by law. During their detention, they were subjected to severe physical and psychological torture aimed at extracting self-incriminating statements and constructing a criminal case against them. They were later publicly presented as members of an alleged kidnapping gang, in clear violation of their right to the presumption of innocence. 

Nearly a quarter of a century later, the so-called“Tlaxcala Case” remains one of the most emblematic examples of fabricated prosecutions, torture, arbitrary detention, and denial of justice in Mexico.

In 2023, the UN Working Group on Arbitrary Detention concluded that the deprivation of liberty of Jorge Hernández Mora, Mario Ricardo Antonio Almanza Cerriteño, and Sergio Rodríguez Rosas was arbitrary and contrary to Mexico’s international human rights obligations. The Working Group found that their arrests lacked a sufficient legal basis, that they were subjected to automatic pretrial detention, that their right to be presumed innocent was violated, that they were tortured, and that they faced judicial proceedings marked by serious violations of the right to a fair trial. 

As a remedy, the Working Group called on Mexico to take all necessary measures to bring this situation to an end without delay, explicitly stating that the appropriate remedy was the immediate release of the three victims, together with full reparations and an investigation into those responsible for the violations committed against them.

Yet, three years after the adoption of the Opinion, Jorge, Ricardo, and Sergio remain in prison. This situation is especially troubling given the existence of multiple elements corroborating the allegations of torture raised since the beginning of the case, as well as ongoing investigations and criminal proceedings against agents accused of perpetrating those acts.

The continuation of this deprivation of liberty not only perpetuates the consequences of torture and the arbitrary proceedings endured by the victims, but also highlights Mexico’s failure to comply with its international human rights obligations.

On this anniversary, the OMCT reiterates its call on the Mexican authorities, particularly the courts currently examining the pending appeals, to adopt a decision consistent with national and international human rights standards, definitively exclude evidence obtained through torture, and bring an end to an injustice that has endured for more than two decades.

The OMCT also expresses its solidarity with Jorge, Ricardo, Sergio, and their families, and reaffirms its commitment to the pursuit of truth, justice, full reparation, and guarantees of non-repetition.

Justice cannot wait any longer. Every additional day of arbitrary detention deepens the harm suffered and prolongs a human rights violation that has already been recognized by the international community.