Amnesty International has designated Luis Pacheco and Héctor Chaclán, ancestral authorities of the 48 cantons of Totonicapán in 2023, as prisoners of conscience. They have been unjustly imprisoned for over a year simply for having made use of their right to peaceful assembly and freedom of expression.
“Luis Pacheco and Héctor Chaclán should never have been imprisoned. Their arrest and prosecution constitute arbitrary punishment for having participated in peaceful protests and for representing their community. Every day they remain in prison compounds the violation of their human rights”, said Ana Piquer, Americas director at Amnesty International.
Luis Pacheco and Héctor Chaclán should never have been imprisoned. Their arrest and prosecution constitute arbitrary punishment for having participated in peaceful protests and for representing their community. Every day they remain in prison compounds the violation of their human rights.”
Ana Piquer, Americas director at Amnesty International.
Luis and Héctor were arrested on 23 April 2025 and have remained in pre-trial detention since that date. The Public Prosecutor’s Office accuses them of the crimes of terrorism, unlawful association and obstruction of criminal proceedings, for the role they played during the peaceful protests that took place in the country in October 2023. Crimes with penalties totalling more than 30 years in prison.
At the time of the events, they were serving as community mayors appointed in accordance with the customs and traditions of the Maya K’iche’ people of Totonicapán. They were also president and treasurer, respectively, of the board of directors of the Council of Mayors of the 48 Cantons of Totonicapán, an ancestral and indigenous authority that brings together the K’iche’ communities of this municipality in the west of the country.
Based on a review of the criminal case, Amnesty International has found multiple irregularities, including unjustified delays that have hindered the process. For example, due to the successive changes of judges in charge, the process has stalled, and the intermediate hearing, initially scheduled for the beginning of July 2025, has not been held. In addition, more than a year has passed without Luis Pacheco and Héctor Chaclán appearing before a judge to review the deprivation of their liberty, and to date, their lawyers have not been able to access all the evidence in the file. These practices are characteristic of the pattern of criminalization against justice workers, human rights defenders, and journalists who have participated in the fight against corruption and impunity.
Amnesty International condemns the misuse of charges of terrorism and unlawful association to punish the legitimate use of freedom of expression, in violation of international human rights standards, based on a misinterpretation of criminal offences whose ambiguous wording opens the door to this type of arbitrary action.
Two other people, also ancestral authorities, were arrested for the same reason and placed under house arrest: Basilio Puac, a member of the Board of Directors of the 48 cantons in 2023, accused of the crimes of unlawful association, sedition, obstruction of criminal proceedings and obstruction of justice; and Esteban Toc Tzay, former deputy mayor of the Indigenous Mayor’s Office of Sololá accused of the crimes of unlawful association, terrorism, sedition, obstruction of criminal proceedings and obstruction of justice.
The organization also warns of the discriminatory nature of the accusations against these four representatives of Indigenous Peoples, which seek to punish their forms of organization and dissuade them from making use of their right to peaceful protest.
“In a country like Guatemala, whose history has been marked by systematic violence and racism against Indigenous Peoples, the use of serious criminal charges such as terrorism, sedition and unlawful association against representatives of Indigenous Peoples is no coincidence. These unfounded accusations, which criminalize their forms of organization, are one more manifestation of the racial discrimination against them, which remains deeply rooted in the institutions of justice”, Ana Piquer added.
In a country like Guatemala, whose history has been marked by systematic violence and racism against Indigenous Peoples, the use of serious criminal charges such as terrorism, sedition and unlawful association against representatives of Indigenous Peoples is no coincidence.”
Ana Piquer, Americas director at Amnesty International.
Amnesty International’s designation as a prisoner of conscience is based on a rigorous analysis of the circumstances of detention. This status is granted to those who have been deprived of their liberty solely for expressing their ideas, exercising their rights or for reasons related to their identity – such as their ethnic origin, religion, sexual orientation or other characteristics protected by international human rights law – without having resorted to violence or incitement to hatred. The organization calls for the immediate and unconditional release of these individuals.
For more information or to arrange an interview, please contact press@amnesty.org
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