WASHINGTON, DC (17 January 2024) ADF International has filed today a petition with the Inter-American Commission on Human Rights on behalf of Mexican civil society leader and former congressman Rodrigo Iván Cortés. In August, Cortés was convicted of “gender-based political violence,” including digital violence, for social media posts on X and Facebook referring to transgender-identifying Mexican Congressional representative, Salma Luévano, as a “man who self-ascribes as a woman”.  

Luévano filed a complaint against Cortés, arguing that 9 social media posts on X and Facebook violated the alleged right to be “acknowledged as a woman” and a “denial of identity”. Cortés was charged with “gender-based political violence” merely because Luevano is a sitting member of the Mexican Congress.  

Following a failed appeal to Mexico’s Electoral Superior Chamber, all avenues for justice in Mexico have been exhausted, requiring Cortés to seek justice at the international level. Following his conviction, the Superior Chamber imposed a fine of $19,244.00 MXN, in addition to directing Cortés to publish the court ruling and a compelled apology written by the court and imposed verbatim on Cortés, in his social media accounts, daily, for 30 days. Cortés was also ordered to take a course on “gender-based political violence” and was entered into the National Registry of Persons Sanctioned in Political Matters against Women.  

“As evidenced by Rodrigo Ivan Cortés‘ conviction for peaceful expression, and dozens of cases like his, free speech is greatly threatened in Mexico at this time. It is our plea that the Inter-American Commission on Human Rights will admit this case and hold Mexico to its duty to respect the fundamental right to free speech and expression,” stated Kristina Hjelkrem, ADF International’s attorney on the case.  

“Disagreement is not discrimination, and peaceful dissent is not violence. Cortés spoke out, peacefully, in support of self-evident truth, and for that, he has been convicted as a violent offender and subjected to onerous punishments. The Mexican government’s continued censorship of its citizens violates their international human rights obligations to uphold freedom of speech,” she continued.  

In response to today’s filing with the Commission, Cortés stated: “I am committed to securing mine and every Mexican citizen’s right to freedom of speech, and I look forward to obtaining justice from a decisive ruling by the Inter-American Commission on Human Rights. Peacefully expressing the truth of biological reality can never be a crime, and the government of Mexico must not be allowed to punish individuals for sharing their convictions. I am hopeful for the day that all Mexicans can freely speak without fear of being silenced.”   

Breach of due process and judicial impartiality 

Cortés, head of the advocacy group Frente Nacional por la Familia (FNF), was convicted by a lower court for using masculine references on Twitter and Facebook regarding Luévano. The higher court ruling was initially expected in June of 2023, but was delayed following news of a publicized closed-door meeting between the leading Judge for the case and Luévano.  

Luévano, who filed the complaints against Cortés, met privately with the Judge Felipe Barrera, and posted a photo, with the judge arm-in-arm, along with a caption noting that the meeting was “to talk about the importance of Affirmative Actions for the #LGBTTTIQ+ population” and that “#RainbowQuotas are here to stay!”. Cortes’ council found and produced evidence that two of the five judges had incurred in inappropriate off-the-record meetings and communications with the complainant, Luevano, calling into question their impartiality. Judge de la Mata was discovered sending improper messages to Luevano, proclaiming his “ally status” to Luevano’s cause, his support to “the struggle”, and his “gratefulness” for being part of Luevano’s advocacy. The judges dismissed the request for recusal and sat in judgment in the case, violating Cortes’ right to be tried by impartial judges. 

Mexico’s Electoral Superior Chamber released their decision in August 2023, upholding the lower court’s guilty verdict. All avenues for justice in Mexico have been exhausted following the Electoral Superior Chamber’s decision.  

“Violence” conviction for tweets  

For full details on Cortés’ case, visit HERE.  

Beginning in September 2022, the FNF advocacy group expressed concern on Twitter that a bill presented by Luévano violated freedom of speech and religious freedom. The proposed bill aimed to penalize. 

Christian teaching on sexuality as “hate speech”. It garnered significant attention when Luévano presented it in Congress wearing the vestments of a Catholic bishop.  

Luévano filed a complaint against Cortés, arguing that 9 social media posts on Twitter and Facebook violated the right to be acknowledged as a woman and a “denial of identity”. Cortés was charged with “gender-based political violence”.  

Luévano, together with transgender identifying representative María Clemente, has gained notoriety for fomenting unrest within Mexico’s Congress, including an incident where Clemente, supported by Luévano, physically wrestled with the president of the chamber to force him into relinquishing control of a congressional meeting in an attempt to expel Congressman Gabriel Quadri. Clemente also prompted outrage by Tweeting explicit videos of Clemente’s own “sex work,” citing a right to freely share this kind of content on digital platforms.  

Luévano and Clemente are members of the MORENA party, which has promoted constitutional amendments to enshrine “sexual rights,” without age distinctions (including minors); a proposal that the FNF criticized in one of the social media posts.  

Cortés’ case parallels that of sitting Mexican Congressman Gabriel Quadri, who was similarly charged and convicted of “gender-based political violence” for Twitter posts, as a result of a complaint also filed by Salma Luévano. Quadri is pursuing justice at the Inter-American Commission on Human Rights and is awaiting a decision on admissibility there.