January 17, 2020—TULUM—After 100 days of legal proceedings, the State Prosecutor Oscar Montes de Oca Rosales was ordered by the federal judge handling the case to return Hotel El Pez to its operators. On October 2, 2021 the 14 year old, 23 room boutique hotel was raided under the cover of night—with 28 guests forcibly removed—by the FGE State Police, and has remained in their possession due to report of an unsubstantiated gunshot. On January 3rd, the property was ordered returned to the operators (El Pez Operadora), by the federal judge, to which the State Prosecutor Oscar Montes de Oca Rosales replied that he could not comply because he had already given possession of the property to local businessman, Gaston Alegre. The federal judge has ordered Oscar Montes de Oca Rosales to return possession or face criminal charges. To date, Oscar Montes de Oca Rosales have not yet complied with the federal judge’s order.

Says El Pez Founder John Kendall, “For more than three months we have sought justice through the federal constitutional lawsuits we have filed, and have had to deal with continued aggressive obstruction from this state prosecutor. Despite the state prosecutors obstruction, the federal judge resolved in our favor on January 3 as the operators of the hotel. We are now considering suing the State Prosecutor Oscar Montes de Oca Rosales and the Mexican state government under the NAFTA provisions that protect US investments in Mexico.

All business owners and investors in Quintana Roo have the right to believe that the state legal system is incorruptible and will follow the letter of the law. It is not acceptable that rogue players in the State system do favors for powerful friends, create false legal scenarios using the law as a weapon to look after the interests of themselves and their associates. How can Quintana Roo emerge as a safe and attractive destination for both domestic and foreign investment, when the government authorities that they must all rely on to maintain the rule of law are the ones doing the bullying and political favors? The illegal theft of the El Pez Hotel is a strong example and warning to investors. State Government and their Prosecutor must be investigated by the Federal Anti-corruption authorities immediately.”

Quintana Roo has been the recent subject of much media attention due to similar gun incidents in Cancun and Tulum. This is the only known instance where a hotel has not been permitted to resume operations.

About EL Pez:

The most time-honored of our four properties, El Pez embodies the original simplicity of Tulum where nature is distilled to its essence. Our palm-thatched bungalows are nestled in Turtle Cove among a vast stretch of sea, sand, and sky. Experience refined relaxation with our well-appointed rooms, cozy decks, and breezy Seaside Bistro & Bar. Down to earth by design, come unwind with us and let the poetry of the moment unfold.

About CBH:

A collection of inspired “barefoot chic” properties, Colibri Boutique Hotels provide luxurious, concept-driven experiences for those seeking the very best in destination travel. All hotels are oceanfront and feature their own chef-driven restaurant and bar. Each property communicates a clear sense of place through its design, cuisine, and activities.