Guatemala News Update: February 23-27

Criminalization of Community Leaders from La Puya: Four Leaders Acquitted Today Puya-650Today, four community leaders who had been active in the “La Puya” environmental movement – Fernando Castro Carrillo, Eusebio Morales Díaz, Francisco Carrillo Catalán, and Gregorio Catalán Morales – were declared not guilty of the crimes of kidnapping, coercion and threats against three employees from the El Tambor mine.

The first hearing of the case against the four leaders – as well as a fifth leader, Yolanda Oquelí – was held on May 27, 2014. Although the judge dismissed charges against Oquelí based on “lack of evidence,” the process continued against the four men. Four more hearings were held in order to hear witnesses, expert opinions, and the testimonies of the mine workers. Closing arguments were made on February 25, 2015, with the Public Prosecutor’s Office calling for a total of five years in prison for each of the accused.

In a prior case from April 2014, a separate group of three other leaders from La Puya were found guilty of illegally detaining and threatening employees of the El Tambor mine in 2012. Each leader – despite the absence of credible evidence – was sentenced to nine years in jail, which could be waived by paying a fine of approximately $4,212 (just over a dollar a day for the entirety of their sentence). The men have appealed the case, and are awaiting a trial set for August 2015.

Defense lawyers for both cases have demonstrated a flawed judicial process in which the public prosecutors failed to carry out an objective investigation, did not provide conclusive evidence, and arbitrarily accused members of La Puya for crimes it could not verify. According to the lawyers, these cases are clear examples of criminalization. Continue reading

Commemorating the 2015 Day of Dignity for Victims of the Internal Armed Conflict

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Today, GHRC joins Guatemalans as they commemorate the Day of Dignity for Victims of the Internal Armed Conflict.

It was on this day, in 1999, that the UN Historical Clarification Commission (CEH) released it’s report, Guatemala: Memory of Silence. The report’s extensive documentation and interviews with survivors helped Guatemala – and the world – understand the magnitude of the violence, including the widespread use of torture, sexual violence, forced disappearances, systematic human rights violations against the civilian population, and acts of genocide carried out by the State against Mayan peoples in four separate regions.

Today we also salute women survivors, who, in ever greater numbers, have chosen to break the silence about the violence they suffered. Continue reading

Weekly News Round Up Feb. 23-Mar.5

Constitutional Court upholds case closure for Efraín Bámaca’s disappearance
The Constitutional Court (CC) has confirmed the closure of the criminal case involving the forced disappearance of Efraín Bámaca. In March 2011, Bámaca’s widow, Jennifer Harbury, brought a criminal complaint against then presidential candidate Pérez Molina for his role in her husband’s disappearance and death. Bámaca (alias Comandante Everardo) disappeared in 1992. According to the military, he committed suicide, but Harbury says that he was actually detained, tortured and killed. In December 2010, the Inter-American Court of Human Rights ordered the Guatemalan government to re-investigate the case of Bámaca’s forced disappearance. Harbury’s lawyer has indicated that he will take action against Pérez Molina for not fulfilling the IACHR’s demands for a re-investigation of the case.

Constitutional Court rejects legal action filed by Toto indigenous leaders
The Constitutional Court (CC) unanimously rejected the legal action filed by the 48 cantones of Totonicapán against the Mining Law. The court’s decision called on Congress to regulate consultation with indigenous communities as established in ILO Convention number 169. The plaintiffs argue that the Mining Law was issued when there was still a right to consultation under the ILO convention and therefore the law is unconstitutional because it does not respect that right. The trial against the soldiers who fired on the group of protesters in Totonicapán last year is still ongoing. One of the defense lawyers for the accused soldiers says that he will ask for an acquittal. He says that his clients were motivated by “an overwhelming fear”, and thus they are innocent.

Continue reading