Authorities detain and criminalise indigenous and land rights defender Abelino Chub Caal
On 26 April 2019, the High Risk Court A of Guatemala (Juzgado de Mayor Riesgo A de Guatemala) fully absolved Abelino Chub Caal from charges of aggravated usurpation, arson and illicit association. This ruling put an end to his pretrial detention, which had lasted for over two years since 4 February 2017.
As of 4 February 2019, human rights defender Abelino Chub Caal completed two years in arbitrary detention. The procedures for his trial have been manifestly unfair – both the defence and prosecution agree that there is no evidence of his involvement on the crimes he was charged with.
On 8 May 2018, a hearing was held to review the charges against human rights defender Abelino Chub Caal. Judge Claudeth Domínguez formally charged Abelino Chub Caal with “aggravated land grabbing”, “arson”, and “illicit association”.
On 6 June 2017, the judge of the Criminal Court of First Instance of Puerto Barrios, Guatemala, ruled that human rights defender Abelino Chub Caal must remain in detention, despite the Prosecutor’s request to suspend the criminal case for twelve months and release Abelino, in the absence of evidence against him.
Abelino Chub Caal is a member of the Guillermo Toriello Foundation, which promotes local development within the framework of the peace agreements, signed following the conclusion of Guatemala’s civil war in 1996. The Foundation is also dedicated to advocating for dignified housing for all, local development, environmentally sustainable agriculture and the preservation of the memory of the armed conflict in Guatemala. As part of his human rights work, Abelino Chub Caal accompanies 29 communities in Sierra Santa Cruz, Izabal, whose land, environmental and cultural rights are threatened by mining interests, particularly the operations of the Compañía Guatemalteca de Níquel (CGN), and ranchers, despite a ruling in favour of the communities' land rights from the Constitutional Court.
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- 30 April 2019 : Release of environmental rights defender Abelino Chub Caal
- 7 February 2019 : Abelino Chub Caal remains arbitrarily detained after two years
- 11 May 2018 : Abelino Chub Caal formally charged, remains in detention
- 13 June 2017 : Abelino Chub Caal remains in detention despite lack of evidence against him
- 8 February 2017 : Authorities detain and criminalise Abelino Chub Caal
On 26 April 2019, the High Risk Court A of Guatemala (Juzgado de Mayor Riesgo A de Guatemala) fully absolved Abelino Chub Caal from charges of aggravated usurpation, arson and illicit association. This ruling put an end to his pretrial detention, which had lasted for over two years since 4 February 2017.
Abelino Chub Caal is a q'eqchi' indigenous leader and member of the Guillermo Toriello Foundation, which promotes local development within the framework of Guatemala’s peace agreements. The Foundation also advocates for dignified housing for all, environmentally sustainable agriculture and the preservation of memory of the armed conflict in Guatemala. As part of his human rights work, Abelino Chub Caal accompanies 29 communities in Sierra Santa Cruz, Izabal, whose land, environmental and cultural rights are threatened by mining interests, particularly the operations of the Compañía Guatemalteca de Níquel (CGN), and ranchers, despite a ruling in favour of the communities' land rights from the Constitutional Court.
The human rights defender was released following a unanimous declaration of innocence by the High Risk Court A of Guatemala on 26 April 2019. Abelino Chub Caal had been accused of aggravated usurpation, arson and illicit association, in connection to his work on the defence of indigenous rights against land dispossessions, carried out in a context of social conflict fuelled by extractive projects that fail to seek the free, prior and informed consent of indigenous communities.
The Court found that the prosecution had failed to provide evidence of Abelino Chub Caal’s involvement in the alleged crimes. This case highlights a pattern of the state using criminalisation and unduly prolonged trials to intimidate human rights defenders in Guatemala and to distract, dissuade and obstruct them from doing their work.
While Front Line Defenders welcomes the release of Abelino Chub Caal, it remains extremely concerned about the pattern of criminalisation and intimidation against environmental rights defenders in Guatemala. Front Line Defenders reiterates its call to the Guatemalan authorities to ratify and implement the Regional Agreement on Access to Information, Public Participation and Access to Justice on Environmental Matters in Latin America and the Caribbean (the Escazú Agreement), in order to provide an enabling environment for the defence of human rights.
As of 4 February 2019, human rights defender Abelino Chub Caal completed two years in arbitrary detention. The procedures for his trial have been manifestly unfair – both the defence and prosecution agree that there is no evidence of his involvement on the crimes he was charged with.
As part of his human rights work, Abelino Chub Caal has accompanied 29 communities from Sierra Santa Cruz in the state of Izabal, whose land, environmental and cultural rights are threatened by mining. The threat is posed particularly by the operations of the Compañía Guatemalteca de Níquel (CGN), and ranchers, despite a ruling in favour of the communities' land rights from the Constitutional Court.
On 4 February 2017 Abelino Chub Caal was detained by three police officers when he was in a local restaurant with his family. It later became evident that the arrest warrant against him was issued on 17 October 2016. Abelino Chub Caal was transferred and is currently detained in the Preventive Centre for Men in Zone 18 of Guatemala City, more than 200 kilometers from his place of residence and family. He was charged with the alleged crimes of 'aggravated land grabbing' (usurpación agravada), 'arson' (incendio), 'coercion' (coacción), 'illicit association' (asociación ilícita) and belonging to 'illicit armed groups' (agrupaciones ilegales de gente armada). During a hearing held on 5 June 2017, the prosecution asked for the release of Abelino Chub Caal and the suspension of the criminal case against him, given that there was no evidence to connect him to the crimes of aggravated land grabbing and arson. On the following day, the presiding judge decided to maintain the case and keep him detained until the issuing of a final veredict.
The judicial harassment and defamation campaign against Abelino Chub Caal follows a well-established pattern of criminalisation of land, environmental and indigenous rights defenders in Guatemala. As denounced by the Inter-American Commission on Human Rights in its 2016 report, it is common for arrest warrants to be previously issued against defenders often without clear charges, and then only executed at crucial political moments, to prevent or reprimand their human rights activities. This pattern of harassment proves to be detrimental to the defenders, representing a continuous threat to those who engage in the defence of human rights in their communities.
It has also become increasingly the case that defenders are charged with grave criminal offences that require mandatory pre-trial detention, enabling long periods in detention even when there is not any evidence or substance to the accusations brought against them. Furthermore, defenders are often transferred to detention centres that are far removed from their family, community and other support structures. This strategy of criminalisation is clearly aimed at debilitating social movements by depriving them of their leaders at pivotal moments of their struggle, in addition to intimidating other defenders.
Front Line Defenders continues to demand justice for Abelino Chub Caal, and calls for the end of his arbitrary detention. Front Line Defenders urges the Guatemalan authorities to immediately and unconditionally release Abelino Chub Caal, and to drop all charges against him.
On 8 May 2018, a hearing was held to review the charges against human rights defender Abelino Chub Caal. Judge Claudeth Domínguez formally charged Abelino Chub Caal with “aggravated land grabbing”, “arson”, and “illicit association”.
Abelino Chub Caal is a member of the Guillermo Toriello Foundation, which promotes local development within the framework of the peace agreements, signed following the conclusion of Guatemala’s civil war in 1996. The foundation is also dedicated to advocating for dignified housing for all, local development, environmentally sustainable agriculture and the preservation of the memory of the armed conflict in Guatemala. As part of his human rights work, Abelino Chub Caal has accompanied 29 communities from Sierra Santa Cruz in the state of Izabal, whose land, environmental and cultural rights are threatened by mining, particularly the operations of the Compañía Guatemalteca de Níquel (CGN), and ranchers, despite a ruling in favour of the communities' land rights from the Constitutional Court.
During the hearing on 8 May, the defence asked the judge to implement substitutive measures rather than keeping Abelino Chub Caal in preventive detention during the trial. Nevertheless, the judge upheld his decision to keep the human rights defender in detention on the grounds that his release could spark more violence in his community in the municipality of El Estor. Judge Dominguez scheduled another hearing for 29 May 2018 to analyse the evidence and reach a decision on the case.
On 4 February 2017 Abelino Chub Caal was detained by three police officers when he was in a local restaurant with his family. In the first hearing on his case the defender was informed that he was being charged with “aggravated land grabbing”, “arson”, “coercion”, “illicit association” and “belonging to illicit armed groups” because of his alleged participation in a property invasion of the El Murcielago estate in El Estor, Izabal. Abelino Chub Caal was transferred and is currently being detained in the Preventive Centre for Men in Zone 18 of Guatemala City, more than 200 kilometres from his place of residence and family.
The Guatemalan government has continuously failed to comply with international and national legislation along with judicial decisions demanding it to respect the rights of indigenous communities. This arrest follows a systematic pattern of harassment of environmental, land and indigenous peoples’ rights defenders in Guatemala, including of Jerson Antonio Xitumul Morales, María Magdalena Cuc Choc, and Juan Eduardo Caal among others.
Front Line Defenders is deeply concerned about the ongoing criminalisation of human rights defenders in El Estor, as it is believed that it is solely motivated by their legitimate and peaceful work in defence of environmental, land and indigenous peoples’ rights. Front Line Defenders urges the authorities of Guatemala to immediately and unconditionally release Abelino Chub Caal and drop all charges against him.
On 6 June 2017, the judge of the Criminal Court of First Instance of Puerto Barrios, Guatemala, ruled that human rights defender Abelino Chub Caal must remain in detention, despite the Prosecutor’s request to suspend the criminal case for twelve months and release Abelino, in the absence of evidence against him.
On 5 June 2017, another hearing for the criminal case brought against the human rights defender took place in the Criminal Court of First Instance of Puerto Barrios. Both the defence and the prosecution highlighted that no evidence was found against Abelino Chub Caal for the crimes of aggravated land grabbing and arson. The Prosecutor requested to suspend the criminal case for twelve months and asked for the immediate release of Abelino. Despite this, on 6 June 2017, the presiding judge ruled to maintain the case against Abelino and to keep him detained until final judgement.
On 4 February 2017, Abelino Chub Caal was detained by three police officers when he was in a local eatery with his family. He was forced into a police car where officers took pictures of him with their mobile phones and sent them to undisclosed contacts without the consent of the defender. Abelino Chub Caal was then transferred to a court in Carchá, Alta Verapaz. In the first hearing, he was informed that he was being charged with aggravated land grabbing, arson, coercion, illicit association, and belonging to illicit armed groups. It later surfaced that the arrest warrant against him was issued on 17 October 2016.
On 13 February 2017, in the second hearing at the court, the judge dropped three of the five charges – coercion, illicit association, and belonging to illicit armed groups – against the human rights defender. Abelino Chub Caal is currently detained at the Preventive Centre for Men in Zone 18 of Guatemala City, more than 200 kilometers from his place of residence and family.
The judicial harassment and defamation campaign against Abelino Chub Caal follows a well-established pattern of criminalisation of land, environmental and indigenous rights defenders in Guatemala. As the Inter-American Commission on Human Rights highlighted in its 2016 report on the criminalisation of human rights defenders, it is common for arrest warrants to be arbitrarily issued against defenders and then executed at crucial moments. Defenders are also frequently charged with grave criminal offences that require mandatory pre-trial detention, enabling long periods in detention even when there is not any evidence or substance to the accusations brought against them. Furthermore, defenders are often transferred to detention centres that are far removed from their family, community and other support structures. This strategy of criminalisation is clearly aimed at debilitating social movements by depriving them of their leaders at pivotal moments of their struggle, in addition to intimidating other defenders.
Front Line Defenders is concerned at the ongoing arbitrary detention of human rights defender Abelino Chub Caal, without any evidence brought against him, since it believes that the deprivation of his liberty is aimed to undermine his struggle in defence of the rights of his community.
On 4 February 2017, indigenous and land rights defender Abelino Chub Caal was detained, charged with several criminal offences and sent to pre-trial detention by the Court of Carchá Verapaz (Juzgado de Turno de Carchá Verapaz).
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On 4 February 2017 Abelino Chub Caal was detained by three police officers when he was in a local eatery with his family. He was forced into a police car where officers took pictures of him with their mobile phones and sent them to undisclosed contacts without the consent of the defender. Abelino Chub Caal was then transferred to a court in Carchá, Alta Verapaz; in the first audience he was informed that he was being charged with the alleged crimes of 'aggravated land grabbing' (usurpación agravada), 'arson' (incendio), 'coercion' (coacción), 'illicit association' (asociación ilícita) and belonging to 'illicit armed groups' (agrupaciones ilegales de gente armada). It later surfaced that the arrest warrant against him was issued on 17 October 2016. Abelino Chub Caal was transferred and is currently detained in the Preventive Centre for Men in Zone 18 of Guatemala City, more than 200 kilometers from his place of residence and family.
For the past year, Abelino Chub Caal - as well as the organisation he works for, the Guillermo Toriello Foundation - has been targeted by a smear campaign falsely portraying him as a criminal and drug trafficker in local media outlets.
Just a few days prior, Abelino Chub Caal had participated in a mediation meeting between the Secretariat of Agricultural Affairs and the Nueva Generación del Estor community in Sierra Santa Cruz, concerning the community's land rights. As the meeting came to an end, one of the participants was detained, violating basic principles of trust building in mediation and in a clear effort to intimidate other participants.
As part of his human rights work, Abelino Chub Caal has frequently acted as a mediator for communities fighting for their land rights, local authorities and private actors. In October 2016 when a large contingent of police officers was preparing to evict 350 people from the Ranch El Murcielago, Abelino Chub Caal intervened and helped begin a process of dialogue, putting an end to violence. Similarly, in January 2017 when several police officers were forcefully held and their weapons taken by community members in Sierra Santa Cruz, the defender stepped in to ensure they were released unharmed along with all their equipment.
The judicial harassment and defamation campaign against Abelino Chub Caal follows a well-established pattern of criminalisation of land, environmental and indigenous rights defenders in Guatemala. As the Inter-American Commission on Human Rights has already denounced the criminalisation of human rights defenders in its 2016 report, it is common for arrest warrants to be issued against defenders and then only executed at crucial moments, which proves detrimental to the defenders. It has also become increasingly the case that defenders are charged with grave criminal offences that require mandatory pre-trial detention, enabling long periods in detention even when there is not any evidence or substance to the accusations brought against them. Furthermore, defenders are often transferred to detention centres that are far removed from their family, community and other support structures. This strategy of criminalisation is clearly aimed at debilitating social movements by depriving them of their leaders at pivotal moments of their struggle, in addition to intimidating other defenders.
Front Line Defenders condemns the false accusations and arbitrary detention of human rights defender Abelino Chub Caal, as well as the efforts of various media outlets to defame his legitimate and peaceful human rights work for the land rights of communities in Sierra Santa Cruz, Izabal.
Front Line Defenders urges the authorities in Guatemala to:
1. Immediately and unconditionally release Abelino Chub Caal;
2. Allow Abelino Chub Caal immediate and unfettered access to his family and lawyer;
3. Ensure that the treatment of Abelino Chub Caal, while in detention, adheres to the conditions set out in the ‘Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment', adopted by UN General Assembly resolution 43/173 of 9 December 1988;
4. Carry out an immediate, thorough and impartial investigation into the false charges and arbitrary detention of Abelino Chub Caal and bring to justice the perpetrators in accordance to international standards;
5. Cease targeting all human rights defenders in Guatemala and guarantee in all circumstances that they are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment.
