Article: “Milestone judgement” in Guatemala

The Molina Theissen family holds a press conference

GENEVA (24 May 2018) – UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein today welcomed the ruling issued unanimously by the High Risk “C” Tribunal in Guatemala yesterday against four high-ranking former military officials for crimes against humanity, aggravated sexual violence and enforced disappearance.

“This is a milestone judgement for Guatemala and beyond with regards to the investigation, prosecution and punishment of serious human rights violations committed by senior military officers during an internal armed conflict,” High Commissioner Zeid said.

The High Commissioner said that this ruling, together with the jurisprudential precedents established in other transitional justice cases, such as Sepur Zarco, Dos Erres, Plan de Sánchez and Myrna Mack, sends a clear message that it is possible for Guatemala to advance in the fight against impunity of the past, which in turn, strengthens the fight against the impunity of the present and the consolidation of the rule of law.

“I pay tribute to the Molina Theissen family for their courage and perseverance to fight for over three decades for their right to justice and the truth,” Zeid said.

Emma Guadalupe Molina Theissen was detained at a military checkpoint on 27 September 1981 and transferred to the “Manuel Lisandro Barillas” Military Brigade in Quetzaltenango, where she was held captive, interrogated, subjected to torture and other cruel, inhuman or degrading treatment, as well as sexual violence. She escaped on 5 October 1981.

The following day, her 14-year-old brother Marco Antonio was taken by force from the family’s home in Guatemala City, put into a nylon sack and taken to an unknown destination in a vehicle with an official Government license plate. He has never been found.

Read the entire article on the OHCHR website!

Killings of Human Rights Defenders

Press conference denouncing murder of community defenders

Last week Dania and I attended a somber press conference denouncing the recent murders of three community leaders who were defending the rights of  campesinos (family farmers) and indigenous Mayans in Guatemala.

Increasingly, community leaders, organizers and activists in Guatemala are coming under attack for defending their land, culture, and the environment.

The Guatemalan government, instead of guaranteeing these rights, has placed human rights defenders at greater risk by openly disparaging their work and their organizations.

Here are some additional resources:

U.N. Human Rights spokeswoman Ravina Shamdasani says human rights defenders in the country are operating within a climate of fear, harassment and intimidation.

“We call on the authorities to promptly investigate these murders and other attacks and threats against human rights defenders, and to ensure that those found responsible are held accountable. We also urge the State to adopt all necessary measures to ensure a safe, enabling environment for human rights defenders to be able to carry out their work free from threats and attacks,” she said.

Human Rights Defenders Killed in Guatemala, by Lisa Schlein of the VOA (article, English)

“We call on the Government to address these issues as part of its efforts to strengthen the rule of law, the protection of the rights to freedom of expression and judicial independence, and the fight against impunity and corruption. We trust that the Government will honor its commitment to advance with the adoption of a Public Policy on the Protection of Human Rights Defenders, with the participation of civil society at local and national levels. We also reiterate the High Commissioner’s call for the Government to strengthen the inter-institutional Unit on Analysis of patterns of attacks against human rights defenders”.

Press briefing notes on Guatemala, by Ravina Shamdasani – Spokesperson for the UN High Commissioner for Human Rights (English)

“There is a ongoing policy of repression, intimidation and violence directed at indigenous communities and peasant famers. Illegal, clandestine security groups are being armed and financed by powerful sectors that are fomenting land grabs, impunity and corruption in the region.”

Ante el Desalojo de Dirigentes Comunitarios, by Civil Society organizations (Press release, Español).

 

Council stands with human rights defenders

Michel Forst - UN Special Rapporteur on the situation of human rights defenders

From The International Service for Human Rights:

The Human Rights Council has united to adopt a consensus resolution on the protection of human rights defenders. The resolution, extending the mandate of the UN Special Rapporteur, comes at a time when the work of defenders has never been more important nor more threatened.

The UN Human Rights Council – the world’s peak human rights body – has today adopted a resolution which affirms the vital and legitimate work of human rights defenders and extends the mandate of a UN expert tasked to support and protect them.

‘Through this resolution the Council has sent an important signal that human rights work is legitimate, and that human rights defenders must be respected and protected by States and non-state actors,’ said ISHR’s Director of Human Rights Council Advocacy, Michael Ineichen.

Source: Council unites to stand with human rights defenders | ISHR

Report of the Special Rapporteur on the situation of human rights defenders

“After spending the past three years travelling around the world and documenting the situation of human rights defenders, the Special Rapporteur is more appalled than ever to see attacks against them multiplying everywhere, assailing bloggers, indigenous peoples, journalists, community leaders, whistle-blowers and community volunteers. Furthermore, the Special Rapporteur has become convinced that the incidents in question are not isolated acts but concerted attacks against those who try to embody the ideal of the Universal Declaration of Human Rights in a world free from fear and want. ” – Michel Forst, Special Rapporteur

Report of the Special Rapporteur on the situation of human rights defenders