Juan Eduardo Caal Suram arbitrarily detained
On 1 December 2017, following a hearing of his case on 23 November 2017, human rights defender Juan Eduardo Caal Suram was allowed to return home under house arrest. He had been held in detention since 11 October 2017.
Juan Eduardo Caal Suram is a member of the indigenous Maya-Q’eqchi' community and an environmental and land rights defender. He is part of the Gremial de Pescadores Artesanales – GPA (Artisanal Fishermen’s Guild), which, alongside several other local organisations, tries to protect Maya-Q’eqchi' communities in El Estor, Izabal, from contamination by nickel mining activities in the region which may affect their land and endanger their livelihood.
On 1 December 2017, following a hearing of his case on 23 November 2017, human rights defender Juan Eduardo Caal Suram was allowed to return home under house arrest. He had been held in detention since 11 October 2017.
Juan Eduardo Caal Suram is a member of the indigenous Maya-Q’eqchi' community and an environmental and land rights defender. He is a member of the Gremial de Pescadores Artesanales – GPA (Artisanal Fishermen’s Guild), which, alongside several other local organisations, tries to protect Maya-Q’eqchi' communities in El Estor, Izabal, from contamination resulting from nickel mining activities in the region which may affect their land and endanger their livelihoods. The human rights defender is currently facing charges for “threats”, “incitement to commit crimes”, “illicit association”, “unlawful assembly and demonstrations”, “damages to private property”, and “illegal detention of another person”.
On 23 November 2017, Puerto Barrios’ Penal Court on Drug-Related Activity and Environmental Crimes held a hearing on Juan Eduardo Caal Suram’s case. During the hearing, the defence asked the Judge to implement substitutive measures rather than preventive detention during the trial. The Judge allowed Juan Eduardo Caal Suram to follow his criminal procedure under house arrest provided that he is prohibited from leaving the country, attends scheduled court dates and pays bail of 10000 quetzales (approximately €1150). On 29 November 2017, through a solidarity collection process within the community, members of the GPA submitted the bail payment imposed on the human rights defender. He was transferred to his house on 1 December 2017.
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 latest arrest follows a systematic pattern of harassment on indigenous, environmental, and land rights defenders in Guatemala, including harassment of human rights defenders Lesbia Artola, Lolita Chavez, Abelino Chub Caal and Angélica Choc. A month after the detention of Juan Eduardo Caal Suram, Jerson Antonio Xitumul Morales, an indigenous human rights defender and journalist from El Estor, was also detained following false complaints and accusations related to his work denouncing the Compañía Guatemalteca de Níquel – CGN (Guatemalan Nickel Company), whose activities are contributing to pollution and environmental damage in El Estor. Juan Eduardo Caal Suram, Jerson Antonio Xitmul Morales and at least other 7 members of the GPA are facing criminal prosecution because of their efforts to preserve the environment in El Estor.
Front Line Defenders is deeply concerned about the ongoing criminalisation of members of GPA and journalists reporting on pollution in the region, as it is believed that it is solely motivated by their legitimate and peaceful work in defence of environmental and indigenous rights. Front Line Defenders urges the authorities of Guatemala to immediately and unconditionally release Juan Eduardo Caal Suram and Jerson Antonio Ximul Morales, and drop all charges against them and the other members of GPA.
Front Line Defenders also calls on the authorities in Guatemala to cease targeting 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.
On 11 October 2017, indigenous and environmental rights defender, Juan Eduardo Caal Suram, was arbitrarily detained by officers in plain clothes, while he was working in his barbershop in El Estor, Izabal, Guatemala. The authorities have not provided any arrest warrant or explanation for his detention.
Download the Urgent Appeal (PDF)
On 11 October 2017, around 2:30 pm, Juan Eduardo Caal Suram was detained while he was working in his barbershop. The unidentified policemen in plain clothes failed to provide an arrest warrant. Juan Eduardo Caal Suram was being kept incommunicado, and his family, lawyers, and fellow human rights defenders from GPA were unaware of his whereabouts until the morning of 12 October, when they were informed that he was detained in Puerto Barrios, Izabal.
On 21 July 2017, human rights defenders and members of GPA, including Juan Eduardo Caal Suram, Eduardo Bin Poou, Tomas Che Cual, Cristobal Pop Coc, Vicente Rax Pop, Carlos Ernesto Choc Chub, Jerson Antonio Xitumul Morales, along with journalists reporting on the pollution in El Estor and its surroundings, were informed that a criminal case was being brought against them. On 11 August 2017, the Judge of the Criminal, Narcoactivity and Environmental Crimes’ Court of the Izabal department issued warrants for their arrest. The human rights defenders have been charged for threats, incitement to commit crimes, illicit association, unlawful assembly and demonstrations, damages to private property, and illegal detention of another person. The charges were levelled following false complaints and accusations made by executives of Compañía Guatemalteca de Níquel – CGN (Guatemalan Nickel Company), whose activities are contributing to the pollution and environmental damage in El Estor.
On 27 May 2017, the community of El Estor decided to perform a peaceful demonstration by closing the road leading to Alta Verapaz, and the mining facilities located there, following the unilateral abandonment by the government of negotiations with the GPA regarding mining and pollution. The Ministry of Interior of Guatemala ordered the deployment of the Riot Police Unit of the National Civil Police. The disproportionate force used by the Riot Police Unit, including the use of rubber bullets, live ammunition, gas bombs and sound bombs, caused many people to be injured and led to the death of Carlos Maaz Coc, who was shot dead. Several Guatemalan authorities, including the Minister of Environment, Sydney Samuels, have publicly denied the killing.
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 latest arrest follows a systematic pattern of harassment on indigenous and land rights defenders in Guatemala. Recent examples include threats and harassment of Lesbia Artola, Abelino Chub Caal and Angélica Choc.
Front Line Defenders is deeply concerned at the illegal arrest of human rights defender Juan Eduardo Caal Suram, as well as the ongoing criminalization of members of GPA and journalists reporting on pollution in the region.
Front Line Defenders urges the authorities in Guatemala to:
1. Immediately and unconditionally release Juan Eduardo Caal Suram, as Front Line Defenders believes that he is being held solely as a result of his legitimate and peaceful work in the defence of human rights;
2. Ensure that the treatment of Juan Eduardo Caal Suram 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;
3. Immediately drop all charges against Juan Eduardo Caal Suram, and members of GPA Eduardo Bin Poou, Tomas Che Cual, Cristobal Pop Coc, Vicente Rax Pop, Carlos Ernesto Choc Chub, Jerson Antonio Xitumul Morales, along with the reporting journalists, as it is believed that such are solely motivated by their legitimate and peaceful work in defence of human rights;
4. Take measures to ensure that government officials or other public figures refrain from making statements or declarations stigmatising the legitimate work of human rights defenders;
5. Take all necessary measures, in consultation with the defenders, to guarantee the physical and psychological integrity and security of El Estor Maya-Q’eqchi' communities, including members of GPA;
6. 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.
