IACHR condemns criminalization of Indigenous leaders who defended democracy in Guatemala

April 26, 2025

The Inter-American Commission on Human Rights (IACHR) condemns the continued misuse of the Public Prosecutor's constitutional authority to investigate crimes in Guatemala, which it sees as a serious threat to the democratic rule of law. The IACHR is alarmed by the arbitrary criminalization of Indigenous authorities who peacefully led large-scale demonstrations in 2023 to defend the popular will expressed during the presidential elections.

On April 23, 2025, the Office of the Prosecutor against Organized Crime announced the arrests of Luis Haroldo Pacheco, former president of the board of the 48 cantons of Totonicapán and current Deputy Minister of Energy and Mines, and Héctor Manuel Chaclán, former treasurer of the same board, on charges of illicit association, sedition, terrorism, obstruction of justice, and interference with criminal proceedings. According to the Public Prosecutor's Office, Indigenous leaders from the 48 cantons led road blockades in 2023 with the alleged aim of seizing control of the Prosecutor's Office. The office noted that the arrests were ordered by a judge and confirmed that three additional warrants had been issued against other Indigenous authorities in connection with the same events. The investigation remains under court seal.

At a press conference, Guatemala's President described the prosecutions as an "attack on democracy" and an act of criminalization targeting Indigenous peoples who stood up to defend democratic institutions in 2023. He urged Congress to take action to end the judicial harassment being carried out by the Public Prosecutor's Office.

The IACHR notes that this case is part of a broader, well-documented pattern of politically motivated misuse of criminal law in Guatemala, as outlined in numerous IACHR reports and the preliminary observations from its 2024 on-site visit. These patterns include the use of vague and disproportionate charges, secrecy in case proceedings, manipulation of public opinion by announcing legal actions through coordinated online misinformation campaigns using so-called netcenter accounts, and widespread abuse of pretrial detention. These tactics highlight the alarming lack of independence of the Public Prosecutor's Office and its active role in fostering impunity and corruption.

In 2023, the IACHR reported that the separation of powers in Guatemala had been eroded to a critical point. This came as a result of the Public Prosecutor's Office's misuse of criminal law in an effort to overturn election results and block the transfer of power to elected authorities. The IACHR acknowledges the instrumental role of the peaceful protests organized by ancestral and Indigenous leaders in preserving democratic order and enabling a peaceful transition of power. It further emphasizes that the rights to peaceful assembly and protest are essential foundations of a democratic, rights-respecting society based on pluralism and the rule of law.

In the preliminary observations from its visit to Guatemala, the IACHR documented the Public Prosecutor's Office's extensive criminalization and judicial harassment of individuals who participated in, or continue to participate in, peaceful social protests in defense of democracy and the rule of law, along with those involved in the fight against corruption and impunity. The IACHR specifically highlighted the misuse of the criminal justice system against justice operators, human rights defenders, lawmakers, journalists, students, teachers, members of Indigenous, campesino, and labor organizations, political parties, public officials, and even the President and Vice President of the Republic. The IACHR is concerned that this criminalization will continue, deepening Guatemala's institutional crisis.

The IACHR calls again for Guatemalan authorities to conduct an independent review of the Public Prosecutor's Office and assess its impact on human rights. It also urges Guatemala to establish transparent accountability mechanisms for the Attorney General and the Public Prosecutor's Office, consistent with international human rights standards. The IACHR also calls on all political forces represented in the Guatemalan Congress to fulfill their constitutional responsibility as a democratic check on the arbitrary use of criminal prosecution as a form of persecution. The rule of law requires a system of checks and balances between the different branches of government, and all political forces are responsible for protecting that balance.

Finally, the IACHR reminds the Guatemalan State that, under international human rights law, all public institutions are obliged to respect the rights of Indigenous peoples—including their right to protest and peaceful assembly without fear of reprisal or criminalization. The abusive use of criminal law to target Indigenous leaders not only silences individuals but creates a broader climate of fear, undermining the collective right to self-determination.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 080/25

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