Dear Friend of GHRC, In Guatemala, human rights defenders continue to face threats, criminalization, and harassment. Journalists and anti-corruption prosecutors are also being targeted by the Public Ministry as part of a broader campaign to undermine accountability and democratic institutions. These attacks have drawn strong condemnation from international organizations, which have denounced the Public Ministry’s abuse of power and expressed support for President Arévalo’s efforts to defend human rights and uphold the rule of law. Indigenous Rights
- Two Indigenous Environmental Defenders Assassinated in One Week
On May 9, environmental defender and forest firefighter Marco Antonio Zuleta Quevedo was assassinated. Zuleta had been receiving death threats over the phone for weeks linked to his efforts to stop the illegal exploitation of protected natural resources in the Sierra de las Minas region. On May 13, the National Council of Protected Areas published a statement denouncing the killing of Zuleta and the many other killings of environmental defenders each year. Only a day later, on May 14, environmental defender Misael Mata Asencio was killed. Mata had a presence within the anti-mine movement in Guatemala and was assassinated while on the job as a security guard. Two days later, the Indigenous authorities released a statement surrounding Mata’s assassination and the general harassment, intimidation, and abuse of Indigenous people and their land. They demand a closure of the mining operation in Livingston, Izabal, and a consultation, as is required by Convention 169 of the International Labor Organization.
- Achí Women Receive Justice as Former Soldiers Sentenced
On May 30, in the second trial brought by Achí women who were victims of sexual violence, a judge sentenced the three former members of the Civil Defense Patrol (PAC) to 40 years in prison, 10 more years than the other five perpetrators received in the first trial in 2022. On June 4, a hearing was carried out and reparations for the women and their families were officially decided. In all, over half of the proposed means of compensation were approved, including but not limited to the following: the provision of health facilities, care, and special programs for the women and their families; the creation of educational programs, a memorial, and mural honoring the women; the provision of a house and land to each woman; and various methods to remember what happened and prevent it in the future. The court has given the state three months to provide the compensation.
- Xinka Parliament Releases Final Decision Regarding the Escobal Mine
On May 8, in Guatemala City, the Xinka parliament announced in a written statement that they would not give consent for the Escobal mine to restart its operations. This announcement marks the end of the multi-year consultation process between the Ministry of Energy and Mines (MEM) and the Xinka People, in which the community was made aware of the effects that would arise from the mine’s operations should it reopen. This consultation began in 2018, after the Xinka people brought attention to the fact that there had never been a previous consultation, as mandated by the Indigenous and Tribal Peoples’ Convention. 169. Indigenous communities must give informed and willing consent for their land to be used for the extraction of minerals. Since the declaration, 27 Canadian organizations have signed a letter in support of the Xinka people and their decision to reclaim their land. One of the organizations, “Mining Watch Canada,” has posted on its website a joint letter between the Union of British Columbia Indian Chiefs and the Xinka Parliament, calling for the Canadian Government and Pan American Silver, which owns the mine, to respect the Xinka people’s decision. The Guatemalan government must also respect the decision. Over the years, Xinka people have been painted as criminals and have been abducted, tortured, and even murdered due to their steadfast opposition to the mine’s exploitation of their land. In fact, in 2007, the existence of the Indigenous people occupying the land on which the mine sits was falsely denied by both the Guatemalan government and the mining company in order to grant the original and illegal mining permit.
- Indigenous Community Lacks Water Due to Raahxa Dam
In the first week of June, members of the San Jose Icbolay community protested the harmful effects of the hydroelectric project run by Energy Resources Capital Corp. The company in charge of the dam diverted the river from its normal course in order to direct it towards the site of the dam, and videos show how this has caused much of the river to dry up. Particularly, the parts that were most used by the Indigenous people no longer have any water. Not only does this harm the people who depend on the river for water, but also the animals living in the river, too. Community members say they have been without potable water for four months as a result of the dam’s effects. Furthermore, they mention how the water that does remain has also been contaminated by the project. They claim, in addition, that the party responsible made various promises to the community, such as a medical center with ambulances, yet failed to deliver on all of these. The environmental damage which has been caused by this project is massive, and it is unknown if it will be possible for the river to return to its former state.
- Public Ministry Carries Out Forced Evictions in Alta Verapaz
On May 26, 4,000 National Civil Police (PNC) officers were sent to the Chinacanguinic community to supposedly carry out a raid. However, community members say that there was no raid; rather, the PNC carried out forced evictions. Despite claiming that they are working to prosecute crimes that affect the environment, the Public Ministry continues to evict Indigenous communities in order to satisfy the business interests of landowners, even ignoring key findings regarding environmental crimes. The Inter-American Commission of Human Rights (IACHR) describes how the evictions carried out by the government consistently violate human rights and international standards of eviction. The government routinely fails to give communities any prior notice of an eviction and, in contravention of international standards, does not plan any form of relocation for evicted communities. In fact, the police often burn the houses, belongings, food, and animals of families as part of the eviction. Thus, with no resources for relocation, and everything they own destroyed, these Indigenous community members are left with nothing. No compensation is given for the people’s land and belongings. If there is resistance, the police employ tear gas, live fire, or physical violence. Guatemala and the International Community
- European Union Sanctions the Foundation Against Terrorism (FCT) and its Leaders
On June 12, the Council of the European Union in a press release announced sanctions on the FCT, its president, Ricardo Méndez Ruiz, and its legal representative Raúl Falla due to “continued attacks against the democratically elected government of President Arévalo and the misuse of legal and procedural measures to target elected officials, human rights defenders, journalists, Indigenous leaders and independent judicial operators.” The FCT has brought various spurious cases against President Bernardo Arévalo and many others. Judge Jimi Bremer Ramírez, responsible for authorizing the arrests of many former anti-corruption prosecutors, has also been sanctioned. These individuals will be subject to a travel ban to the 27 countries within the EU and freezing of any assets held in banks related to any of the countries. Méndez Ruiz and Falla have already been banned from traveling to the United States, meaning that now they are sanctioned by 28 countries.
- UN Special Rapporteur on the Independence of Judges and Lawyers Visits Guatemala
The week of May 12 - 23, Margaret Satterthwaite, the UN’s Special Rapporteur for judicial independence, visited Guatemala, spending time with government officials in order to analyze the state of the judicial system in the country. Particularly, she examined the independence that judges and lawyers have in the country. Satterthwaite’s post-visit report primarily covers the criminalization being carried out by the Attorney General’s Office. Satterthwaite describes how “the instrumental use of criminal law by the Prosecutor General’s Office appears to amount to a systematic pattern of intentional and severe deprivation of fundamental rights, targeted at specific groups.” One example of this targeted criminalization is the arrest of Luis Pacheco (discussed later in this update). One of the methods used by the government, which Satterthwaite mentions, is “vague and overly broad charges, inadequately related to the facts.” This appears in the case of Pacheco, who, as a result of organizing the peaceful protests of October 2023, was indicted on charges of terrorism and illicit association, the second of which is directly referenced by Satterthwaite as incredibly vague. Additionally, Satterthwaite posits that “this persecution appears to be intensifying, as those who have sought to end impunity and corruption, defend human rights, or speak out against abuses of power increasingly face digital harassment, threats, and criminal charges.” The remainder of the report provides more details about the many ways in which the judicial system is being dismantled and “eroded” by Attorney General Porras and others within the government. The head of the Public Ministry's Office of the Special Prosecutor Against Impunity, Rafael Curruchiche, has called the report “irrelevant,” attempting to discredit Satterthwaite for reporting on the criminal actions of his office. Since her visit, even more targeted charges have been thrown at anti-corruption figures, something she continues calling out.
- Inter-American Commission on Human Rights Leadership Visits Guatemala
From June 4-6, IACHR Executive Secretary Tania Reneaum Panszi, Vice President and Rapporteur for Guatemala Andrea Pochak, and other commission members conducted a working visit to Guatemala. The visit included bilateral and other meetings about precautionary measures and cases that are currently in the stage of monitoring compliance with IACHR recommendations, as well as training sessions for public officials and representatives of civil society. On June 4, the delegation visited José Rubén Zamora, Stuardo Campos, Luis Pacheco, and Héctor Chaclán, all of whom are discussed further on in this update. The IACHR delegation also visited the Zona 18 pretrial detention facility, where it met with Eduardo Masaya, who was arrested last January in connection with the so-called “Semilla Corruption Case” and indicted on charges of “ideological falsehood.” The delegation also met with Jorge Santos Neill, a former head of the IT department at Guatemala's Supreme Electoral Court who is being detained on charges of “abuse of authority” in electoral matters and noncompliance with duties and has been indicted for supposedly failing to maintain the security and efficiency of the electoral technology system. The IACHR in a statement noted that it “has repeatedly stressed that criminal investigations against these individuals amount to a politically motivated abuse of criminal law, as the IACHR has abundantly documented in various reports and in the preliminary observations based on its on-site visit to Guatemala in 2024.” On June 5, the delegation met with Guatemalan Vice President Karin Herrera and held two workshops with hopes that they will aid the country in implementing positive changes. One workshop focused on how to protect human rights in the country according to Inter-American guidelines and the second focused on methods to decrease discrimination and violence against women, girls, and children.
- Annual IACHR Report Points to Improvements and Ongoing Challenges
Partly because of Arévalo’s willingness to allow in loco visits, the IACHR in its 2024 annual report removed Guatemala from Section IV. B, reserved for the hemisphere’s worst human rights violators. The IACHR noted that Guatemala has reportedly resumed the development of its Public Policy for the Protection of Human Rights Defenders. It also has allocated special criminal investigation sections for investigating, advising, and reporting on crimes against the lives and integrity of human rights defenders. The IACHR noted “actions to ensure access to water, housing and education by the Guatemalan Indigenous Development Fund (FODIGUA), in addition to projects on intercultural education, sustainable agriculture, and access to potable water and health services for these communities.” In addition, the Commission pointed out “the curriculum designed for the Initial Training Program for Aspiring Lower Court Judges, which, among other things, prioritizes training in human rights of Indigenous peoples.” As another positive development, the IACHR referred to Guatemala’s reactivation of the National Coordinator for the Prevention of Domestic Violence and Violence against Women in Guatemala and the creation of the Interagency Commission against Sexual Violence, which will make decisions on prevention, comprehensive care, justice, and reparations for victims.”
- Rapporteur Releases Report on Exile of Journalists and Freedom of Expression
On May 19, the IACHR’s Special Rapporteurship for Freedom of Expression released her report on the forced exile of journalists in Guatemala. The report details how at least 26 journalists were forced to flee into exile in 2022 and 2023, and how the penal system in Guatemala has been turned into a mechanism of intimidation and criminalization against voices critical of the government. Another section describes how, in 2023, the newspaper El Periódico was forced to shut down after 27 years of investigative journalism, as its president, José Rubén Zamora, was arrested on charges of money laundering, extortion, and obstruction of justice. This case, much like the cases being brought against Arévalo, is considered to be spurious, as the rapporteur refers to Zamora’s case: “... what various international organizations have described as a spurious judicial process.” The report mentions that Zamora was targeted for arrest after El Periódico published reports on corruption within the government. The media outlet’s defense lawyers have suffered criminalization as well, hampering Zamora’s defense. Arévalo has attempted to protect journalists and, in 2024, signed the Declaration of Chapultepec, which centers on maintaining freedom of expression and democracy. Currently, journalists are still facing threats and being forced into exile as they are confronted with false charges brought by the Attorney General’s Office. Criminalization
- Public Ministry Opens Case Against Arévalo and His Brother
On May 8, the Public Ministry carried out a raid on two properties near Puerto Quetzal, supposedly linked to a transaction between China, President Arévalo, and his brother Martín. The Public Ministry claims that President Arévalo and Martín Arévalo, current director of the United Nations Office for Project Services in Guatemala, sold control of the port to Chinese businesses during a meeting in Costa Rica; however, documents show that this meeting never happened. Frivolous investigations against Arévalo have been ongoing since he took office, as the Public Ministry continues throwing charges at the president in an effort to remove his immunity. Arévalo’s administration has condemned the false accusations and the baseless raid, calling them “animated fantasies of the corrupt.” Arévalo’s secretary of communication has called these accusations “unfounded” and “disinformation,” and further stated, “We have not transferred even a single port,” pointing out the Guatemalan government’s agreement with the United States with regard to improving port infrastructure.
- Court Seeks Interpol Red Alert to Apprehend Exiled Prosecutor Virginia Laparra
On June 5, at the request of the Foundation against Terrorism and co-plaintiff Lesther Castellanos–both sanctioned by the US State Department–a Guatemalan court declared former prosecutor Virginia Laparra in contempt of court, due to her failure to appear at her trial, and called for her arrest and return to Guatemala so that her trial and sentencing can be carried out. The court echoed the plaintiffs’ request to have an Interpol red alert be placed on Laparra in order to bring her back to Guatemala; however, this has not been granted as of now. In 2022, Laparra was sent to prison after she reported a corrupt judge for sharing confidential information, followed by that judge falsely accusing her in retaliation. She was then arrested and spent two years in a high-security prison, one usually meant for dangerous criminals, living in terrible conditions and being denied medical treatment for over a year. Throughout her time in prison, many human rights organizations called for her release, as she was unjustly imprisoned. Laparra was finally released to house arrest in January 2024, but by June of the same year, the Public Ministry had convicted her on multiple additional charges in an attempt to send her back to prison. At that point, she felt she had no choice but to flee the country.
- Constitutional Court Allows Zamora’s Release but Supreme Court Drags Out Ruling
On June 18, the Constitutional Court ruled that José Rubén Zamora should be in house arrest as a result of the first case against him, not in prison. Despite this, Zamora remains in prison due to the ongoing second case against him.
On May 30, Judge Carlos Ramiro Contreras further delayed José Rubén Zamora's trial, requesting to hear another “circumstantial report” on the case. Contreras has denied the use of information useful for Zamora in the past due to “formal inconsistencies” and this choice to delay comes right before he leaves the country for a trip to Switzerland. This decision means that Zamora’s stay in prison could be prolonged even further, despite international condemnation of his imprisonment only continuing to increase. On May 25, a group of journalists visited Zamora in prison. The visit was an opportunity for them to not only talk with Zamora and learn about his experiences with political persecution and corruption in Guatemala, but also strengthen the movement of people demanding his release. On June 4, the chair of Transparency International, along with other anti-corruption advocates, visited Zamora in prison. They discussed the state of corruption and criminalization of those who expose it in Guatemala. After the visit, chair François Valérian lauded Zamora, saying, “José Rubén Zamora is a symbol of courage in the face of corruption and repression. His continued imprisonment not only results from incomprehensible judicial decisions, but is a warning sign for all who believe in democracy and the rule of law.”
- Imprisoned Indigenous Leaders Pacheco and Chaclán Release Letter
On June 10, following their April 23 arrest, former leaders of the 48 Cantones de Totonicapán Luis Pacheco and Héctor Chaclán released a letter addressed to the Guatemalan people. They are still in pretrial detention for charges such as terrorism. In the letter, they state that all they did was defend democracy and that “defending our democracy has not been a crime, and we are not criminals… .” Attorney General Porras has brought numerous charges against the men, such as illicit association and terrorism. These charges come in response to the two Indigenous leaders’ roles in the peaceful protests carried out by the 48 Cantones in October of 2023. The charge of terrorism for leading a peaceful protest whose goal was to defend democracy drew international condemnation. The IACHR stated that the case is “part of a broader, well-documented pattern of politically motivated misuse of criminal law in Guatemala.” Pacheco was serving in Arévalo´s administration until the time of his arrest, as Vice Minister of Energy and Mines. During the protests in 2023, Pacheco and thousands of others repeatedly demanded that Porras resign from office. His role within the administration included leading sustainable practices in the energy sector in a way that respected the rights of the Indigenous people. Over 39 Indigenous organizations throughout the country condemned the Public Ministry for the arrest of the two men, and many have labeled it “criminalization” and “judicial terrorism.” On May 5, members of the 48 Cantones held a peaceful protest in Guatemala City, opposing the arrest and criminalization of not only the former leaders but also of the group as a whole. Current leaders of the organization stated that the group has always staged peaceful protests and that the terrorist label being used by the Public Ministry seeks to falsely criminalize them. On May 15, the ambassadors of the EU and Germany in Guatemala, Thomas Peyker and Hardy Boeckle, met with the two imprisoned men and spoke to them about their right to due process and judicial impartiality.
- Former Prosecutor Stuardo Campos Visited by Multiple EU Ambassadors
On May 16, just a day after visiting Pacheco and Chaclán, EU and German ambassadors to Guatemala, Thomas Peyker and Hardy Boeckle, visited Stuardo Campos to hear his story and speak with him. Ten days later, on May 26, Campos was visited by the French and Spanish ambassadors, due to the EU’s worries about “the instrumentalization of justice” in Guatemala. As with the other individuals visited by ambassadors, such as Pacheco, Chaclán, and Zamora, Campos remains in custody as the Public Ministry continues its persecution.
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