Lawyers for Lawyers and the International Observatory for Lawyers in Danger express deep concern regarding the situation of Mexican human rights lawyer Kenia Inés Hernández Montalván, who has been on hunger strike since 7 September 2025 after being denied permission to attend her mother’s funeral. Ms. Hernández has been held in detention for more than five years.
Kenia Hernández is an Amuzga indigenous lawyer of Afro-Mexican descent working on cases regarding women’s rights, land rights, indigenous rights, and the rights of political prisoners. She is also a coordinator in Zapata Vive, a land rights organization, and co-founder of the National Movement for the Freedom of Political Prisoners. Throughout her career, Ms. Hernández faced threats of violence and harassment due to her work, particularly from armed groups in the Costa Chica region of Guerrero, which forced her to leave her community. She was able to do so as a beneficiary of the Protection Mechanism for Human Rights Defenders and Journalists, which she utilized until her imprisonment.
Ms. Hernández was first arrested in June 2020 on charges of “robbery with violence” in connection with a public demonstration. Although later released under conditions of periodic presentation, she was rearrested on 18 October 2020 without a warrant and initially without notification to her family or defense. She was subsequently charged with “armed robbery with violence” and “attacks on communication routes”. Multiple criminal cases have since been initiated against her for the same alleged conduct. She now faces ten ongoing criminal proceedings.
During her detention, serious concerns have been raised regarding potential violations of her rights to due process and a fair trial. These include reported restrictions on her ability to participate meaningfully in legal proceedings, the absence of interpretation services in her native language, and limited access to legal representation[1]. These restrictions contravene Mexico’s obligations under the International Covenant on Civil and Political Rights (Article 14) and the American Convention on Human Rights (Articles 7, 8, and 25).
She has also endured ill-treatment, including repeated transfers between four different prisons. This included time in a high-security facility where conditions violated the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules). Her family has also been arbitrarily denied visitation rights.
Several human rights organisations and UN experts have raised concern about the misuse of criminal law against Ms. Hernández, in what appears to be retaliation for her legitimate legal and human rights work.[2] According to Article 23 of the UN Basic Principles on the Role of Lawyers, lawyers are entitled to freedom of expression and association, particularly when engaged in protecting and promoting human rights. The continued persecution of Ms. Hernández constitutes a grave violation of these international standards.
In light of the above, we urge the Mexican authorities to:
- Ensure Ms. Hernández’s immediate and unconditional release and drop all charges linked to her legitimate professional activities and exercise of fundamental freedoms;
- Guarantee that Ms. Hernández is not subjected to ill-treatment in custody and that she receives adequate medical care and support during her hunger strike;
- Respect her rights to due process and a fair trial in accordance with the International Covenant on Civil and Political Rights and the American Convention on Human Rights.
- Ensure that all lawyers in Mexico are able to carry out their professional duties and to exercise their freedom of expression and association free from intimidation, harassment, undue interference, or reprisals, in full compliance with the UN Basic Principles on the Role of Lawyers, and safeguard the independence and security of the legal profession.
[1] American Bar Association, Trial Observation Report: Mexico v. Kenia Hernandez, 26 July 2022.
[2] Mandates of the Special Rapporteur on the situation of human rights defenders; the Working Group on Arbitrary Detention; and the Special Rapporteur on the rights of indigenous peoples, AL MEX 7/2022, 30 May 2022.
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