Indigenous Land Defender David Hernández Salazar Facing 46 Years in Prison

Communique from the Community Assembly of Puente Madera and the Assembly of Indigenous Peoples of the Isthmus in Defense of Land and Territory (APIIDTT) demanding the revocation of the conviction and sentence against David Hernández Salazar.

We energetically reject the sentence handed down against David Hernández Salazar: 46 years and 6 months, with a fine of $182,818 pesos, and a damage repair payment of $1,100,015 pesos. These sanctions clearly represent the criminalization and persecution of David for his struggle in defense of land, human rights, and Indigenous peoples.

Yesterday, February 7, after the Public Prosecutor of Tehuantepec presented his verdict, the District Judge presented the sentence. Both authorities ignored and completely dismissed information presented during the hearings demonstrating David’s innocence, such as the reports presented by his defense and the contradictions of supposed witnesses.

Rather, the judges decided to convict him of crimes based on false accusations and inconsistent testimonies. This case makes clear the corruption and collusion of judicial authorities with political and business groups in the region who are linked to organized crime. Territorial defenders are bothering these powerful figures, so they seek to silence them with prison, disappearances, and assassinations.

It is important to remember that David Hernández Salazar has been persecuted since 2017 in his struggle in defense of the common use lands of El Pitayal. At that moment, he was involved in the resistance against the imposition of an electric substation of the Mexican Military. He was illegally detained and beaten by municipal police. Afterwards, there were a series of slander campaigns carried out against him, along with physical and psychological threats.

He was criminalized again in 2021 for his role as community agent of Puente Madera, and member of the general coordinator of APIIDTT. He has been persecuted and prosecuted by the Municipality of San Blas Atempa, the State Government of Oaxaca, the Interoceanic Corridor, the Secretary of Communications and Transport, the National Agrarian Registry, the Secretariat of Defense, the Marines, and the National Guard. He faced his first federal lawsuit in 2021 (case file 269/2021) where he was not indicted.

At a second moment, at the beginning of 2022, began the criminal case 446/2022. On January 16, 2023, he was illegally detained and his legal process began. That specific case leads us to this present document. However, in October of 2023, he was notified of another federal lawsuit, with the first hearing set for February 21. In these three legal processes, the figure most responsible for the criminalization against David has at all times been the Municipality of San Blas Atempa, obeying the ex-administrator of the State of Oaxaca, and the current candidate for Senate, Antonino Morales Toledo.

This sentence isn’t definite, and it will not be applied immediately. We have appealed the arrest warrants against David and the 17 community members of Puente Madera in case file 446/2022. We will continue working on the legal defense, filing the necessary appeals, and seeking out the competent authorities who can review and rule on this unjust and absurd sentence.

With much rage and courage, we confirm that our struggle will continue for the defense of the common use lands of El Pitayal. These lands give life to our community and history as Binnizá people. We have been active for years defending the commons, what is ours, the collective, and will continue doing so, defending life with life itself if necessary.

In this context, as the Community Assembly of Puente Madera and the Assembly of Indigenous Peoples of the Isthmus in Defense of Land and Territory, we make a call to:

• Issue statements demanding the revocation of this sentence against David Hernández Salazar, and the dismissal of the criminal case 446/2022 where there exist 17 other arrest warrants against inhabitants of Puente Madera.
• Carry out solidarity actions, in the mode and form of each individual, collectivity, and organization, with the dignified resistance of Puente Madera against the Industrial Park and Interoceanic Corridor megaproject of the Isthmus of Tehuantepec.
• Help with legal expenses.

Lastly, we want to use this communique to make a first call and invitation to the celebration of three years of resistance in defense of El Pitayal, which will take place on March 14-17, 2024, in the rebel community of Puente Madera, San Blas Atempa, Oaxaca.

From the barricade in El Pitayal we reiterate: To defend El Pitayal is to defend the commons; it is to defend life!

If they touch one of us, they touch us all!

Community Assembly of Puente Madera

Assembly of Indigenous Peoples of the Isthmus in Defense of Land and Territory (APIIDTT)

For more information about David’s case and the struggle in Puente Madera go here.

Photo by Santiago Navarro F