Indigenous leaders Luis Pacheco and Héctor Chaclán were released from a Guatemalan prison and placed under house arrest over 15 months after their detention, according to Amnesty International. The two were charged in connection with protests that emerged during Guatemala’s disputed 2023 election period, as reported by JURIST. Pacheco and Chaclán, both serving as ancestral authorities for the 48 Cantons of Totonicapán, an influential Maya K’iche’ Indigenous organization, led nationwide protests in October 2023. Demonstrators expressed opposition to actions by prosecutors that aimed to challenge the election results, thereby threatening the power transition to President Bernardo Arévalo.
The leaders were charged with severe offenses, potentially resulting in sentences exceeding 30 years. Amnesty International classified them as prisoners of conscience, arguing their detention was a consequence of exercising constitutionally protected rights to peaceful assembly and expression. Guatemalan law upholds these rights under Articles 33 and 35 of the Constitution. Additionally, under the American Convention on Human Rights, Articles 13 and 15 protect freedom of thought and peaceful assembly, while Articles 19 and 21 of the International Covenant on Civil and Political Rights (ICCPR) provide similar protections.
This case highlights broader concerns regarding the criminal prosecution of activists in Guatemala, an issue noted by Human Rights Watch. Similar charges led to the arrest and subsequent house arrest of Indigenous leader Esteban Toc. The legal proceedings against Pacheco and Chaclán are ongoing, with accusations of terrorism, unlawful association, and obstruction of criminal proceedings still pending. The transition to house arrest requires them to pay bail, remain within Guatemala, and avoid any interaction with case witnesses.