By Andrew Cohen
By any objective measure, Omar Gómez Trejo did his job meticulously. Five years after Mexico’s government dubiously blamed a local gang for the disappearance of 43 student teachers during a 2014 protest, Trejo — named special prosecutor of the high-profile Ayotzinapa case in 2019 — and his team began diligently examining all angles.
Over three years, his investigation unearthed bombshells that continue to ignite outrage: The government planted evidence, hid evidence, forced confessions, and disrupted investigation efforts. Trejo secured indictments of more than 100 federal, state, and local authorities, people in Mexico’s armed forces and intelligence agency, and organized crime members for their roles in the disappearance or subsequent cover-up.
But when Mexico’s Attorney General’s Office persuaded a judge to vacate 21 recently granted arrest warrants — 16 of them for military officials — the die was cast. Trejo saw the independence and autonomy he received as special prosecutor increasingly undermined by political decisions, and he resigned in September 2022. Soon after, President Andrés Manuel López Obrador began publicly accusing him of trying to spark an army rebellion for having indicted those military officials.
“During his time in office, the President has attacked many journalists, human rights defenders, and even recently the families of the missing students,” Trejo says. “Sending messages of disqualification from the most listened-to official platform creates a stigma, and I believe it put me and my family at risk. That’s why I decided to leave Mexico.”
Once in the United States, he received a scholarship from an initiative called Practitioners At Risk. In March, he joined Berkeley Law’s Human Rights Center (HRC) through a program that helps bring at-risk international scholars to the Bay Area. Support from UC Berkeley, individuals, and foundations have enabled the center to welcome four such scholars over the last four years as they transition to their new lives in America.
“We are so lucky to have Omar join our team as a visiting scholar,” says HRC Executive Director Betsy Popken. “We are proud to support his research, writing, and speaking on the issue of impunity in Mexico — not only to share what he learned from his time investigating the Ayotzinapa case, but also to help him shape what more can be done to stop impunity for such crimes in Mexico.”
This semester, Trejo is developing an inventory of his team’s detailed investigative practices, teaching a course on the Ayotzinapa case, and giving guest lectures in other courses.
“The people at the HRC are the best,” he says. “First of all, they have been very good to me and have offered me their friendship. Second, they have offered me training to learn new tools and grow professionally. Additionally, I have really enjoyed being able to talk and share my experience with the staff and the board. Returning to an academic space always brings new energy and an opportunity to gain perspective on next steps.”
Still seeking justice
Nearly 10 years have passed since the mass disappearance. Over that time, statements released by Mexican authorities about what happened have been discredited as inconsistent and scientifically implausible by various experts, including Trejo and his prosecutorial team.
Meanwhile, as families of the missing students and international human rights groups press for the truth, tensions continue to rise. In May, 26 police officers were injured in Mexico City during clashes with people protesting that eight soldiers suspected of involvement in the students’ disappearance were released from pre-trial detention.
While Trejo acknowledges the complexities and barriers involved when a nation must investigate itself — especially in a country where 95% of crimes go unsolved — he remains hopeful.
“The series of obstacles and barriers that one encounters are many and very complicated. Addressing political violence and corruption require hard work, political commitment, and long-term planning,” he says. “But the State has powerful tools and can achieve its objectives when used correctly and in accordance with the law.”
Before being appointed special prosecutor on the case, Trejo worked as a lawyer in the Mexico office of the United Nations High Commissioner for Human Rights. In that role, as special prosecutor in the Ayotzinapa case, and now with the HRC, he sees great value in elevating the voice of victims and their relatives.
“I have learned the importance of working with the families of the students and their lawyers,” he says. “They are great allies in the search for truth and justice.”
As for pathways to less government corruption and more public accountability in Mexico, Trejo offers some proposals.
“First, it’s necessary to demilitarize the country and strengthen the civil police. Second, the division and separation of powers must be respected, and the autonomy and independence of prosecutors and judges must be respected,” he says. “Third, violence rates are so high because there are incentives that allow violence to occur — the prevailing impunity allows Mexico to be a paradise for committing crimes, as no one investigates or pursues them.
“Faced with this lacerating figure of impunity, the challenge is large. What’s needed is to truly investigate and for the authorities to be accountable to the victims in their work.”