"Guatemala Jails Indigenous Leaders as ‘Prisoners of Conscience’ for Peaceful Protests, Amnesty International Says"

Guatemala’s Criminalization of Indigenous Leaders: Amnesty International Designates Maya K’iche’ Authorities as Prisoners of Conscience

Amnesty International has officially designated Luis Pacheco and Héctor Chaclán as prisoners of conscience, citing their unjust imprisonment for exercising their fundamental rights to freedom of expression and peaceful assembly. The two men, who served as ancestral authorities for the 48 cantons of Totonicapán in 2023, are currently facing severe criminal charges that the organization describes as arbitrary punishment for representing their community.

The Arrest of Pacheco and Chaclán

Luis Pacheco and Héctor Chaclán are recognized leaders within the Maya K’iche’ people of Totonicapán. At the time of the events leading to their arrest, they served as community mayors and held key leadership roles—president and treasurer, respectively—on the board of directors of the Council of Mayors of the 48 Cantons of Totonicapán. This ancestral authority is central to the organization of K’iche’ communities in western Guatemala.

The two leaders were arrested on April 23, 2025, and have remained in pre-trial detention since. Their prosecution stems from their participation in peaceful protests in October 2023, which were organized in defense of the rule of law. Despite the peaceful nature of these assemblies, the state has applied charges of terrorism and unlawful association.

“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

A Pattern of Judicial Irregularities

A review of the criminal case by Amnesty International reveals a series of procedural failures that have hindered the defendants’ right to a fair trial. The organization notes that more than a year has passed without the two men appearing before a judge to review their deprivation of liberty.

Further irregularities include:

• Stalled Proceedings: Successive changes of judges in charge of the case caused the process to stall, resulting in the cancellation of an intermediate hearing originally scheduled for early July 2025.
• Limited Evidence Access: Defense lawyers have been unable to access all evidence contained in the case file.
• Weaponized Legislation: The employ of ambiguous wording in criminal offenses has allowed authorities to misinterpret the law to punish legitimate freedom of expression.

These practices are not isolated incidents but are characteristic of a broader pattern of criminalization targeting journalists, human rights defenders, and justice workers who oppose corruption and impunity.

Broadening the Scope: Systemic Discrimination

The crackdown on Indigenous leadership extends beyond Pacheco and Chaclán. Two other ancestral authorities have faced similar legal actions and are currently under house arrest:

• Basilio Puac: A 2023 member of the Board of Directors of the 48 cantons, accused of sedition, unlawful association, and obstruction of justice and criminal proceedings.
• Esteban Toc Tzay: Former deputy mayor of the Indigenous Mayor’s Office of Sololá, accused of terrorism, sedition, unlawful association, and obstruction of justice and criminal proceedings.

Amnesty International argues that these accusations are discriminatory, designed to punish Indigenous forms of organization and deter peaceful protest. Ana Piquer emphasized that in a nation with a history of systematic violence and racism against Indigenous Peoples, the application of terrorism and sedition charges is “no coincidence.” She asserts that these unfounded accusations are a manifestation of racial discrimination deeply rooted in Guatemala’s justice institutions.

Understanding the ‘Prisoner of Conscience’ Designation

The designation of “prisoner of conscience” is reserved for individuals deprived of their liberty solely for expressing their ideas, exercising their rights, or due to their identity—including ethnic origin—provided they have not used or advocated for violence. Based on a rigorous analysis of the detention circumstances, Amnesty International maintains that Pacheco and Chaclán meet these criteria.

The organization continues to call for the immediate and unconditional release of these individuals, urging the Guatemalan government to adhere to international human rights standards and cease the criminalization of Indigenous representatives.