Domingo Francisco Cristobal released
On 4 November 2016, the High Risk Tribunal A in Guatemala City cleared Mr Domingo Francisco Cristobal of all charges and ordered his immediate release from prison. The court ruled that the accusations brought against the human rights defender had no merit. The human rights defender was arrested on 26 October 2016 in Chiantla, Huehuetenango, on charges of 'plagiarism', 'kidnapping' and 'incitement to commit a crime' after participating in a peaceful demonstration in favour of local farmers’ rights.
Domingo Francisco Cristobal is a land, environmental and indigenous rights defender from Santa Eulalia, Huehuetenango. The defender is the President of the organisation Pro Justicia in Santa Eulalia, in addition to being a member of the Comité de Desarrollo Campesino - CODECA (Committee for the Development of Farmers), an advisor to the Committee for the Protection of the Environment of the Consejo Comunitario de Desarrollo - COCODE (Community Council for Development), a member of the Council of Peoples WUXHTAJ and a member of the traditional governing body of the Jolom Konob' Maya people.
On 4 November 2016, the High Risk Tribunal A in Guatemala City cleared Mr Domingo Francisco Cristobal of all charges and ordered his immediate release from prison. The court ruled that the accusations brought against the human rights defender had no merit.
On 26 October 2016, Domingo Francisco Cristobal was arrested in Chiantla, Huehuetenango, on charges of 'plagiarism', 'kidnapping' and 'incitement to commit a crime' after participating in a peaceful demonstration in favour of local farmers’ rights. He was transferred to a Guatemala City prison where he remained in detention until the court ordered his release and cleared him of all charges on 4 November 2016. Mayor Diego Pedro Domingo of Santa Eulalia welcomed the human rights defender back into his town on 6 November 2016 and congratulated him for his work and resilience.
The arrest warrant against Domingo Francisco Cristobal was issued on 25 March 2015, however it was not executed until 26 October 2016, after he participated in a peaceful demonstration. According to civil society groups, numerous arrest warrants have been issued in connection to events that took place in 2014 against defenders of land, environmental and indigenous rights from Huehuetenango. The arrest warrants are believed to have been issued in retaliation for their role organising their communities to resist mining and hydroelectric projects. Their communities opposed the mega-projects as they would endanger their means of subsistence as farmers. Furthermore, they consider that the planning process has violated their right to previous and informed consent as indigenous peoples. The arrest warrants also often targeted defenders who are traditional indigenous authorities. Many of these arrest warrants are yet to be executed, acting as an implicit threat on their legitimate work in defence of human rights.
Front Line Defenders welcomes the decision of the High Risk Tribunal A to release Domingo Francisco Cristobal and to clear him of all charges. Front Line Defenders urges the State of Guatemala to immediately cease the criminalisation of indigenous human rights defenders in Huehuetenango.
On 26 October 2016, human rights defender Mr Domingo Francisco Cristobal was arrested in Chiantla, Huehuetenango, on charges of 'plagiarism', 'kidnapping' and 'incitement to commit a crime' after participating in a peaceful demonstration in favour of local farmers’ rights. He was transferred to a Guatemala City prison where he is currently detained.
Download the Urgent Appeal (PDF)
On 26 October 2016, Domingo Francisco Cristobal was detained by agents of the Special Criminal Investigation Division (División Especializada en Investigación Criminal, DEIC) on his way back home after participating in a peaceful demonstration organised by CODECA, where he plays a leading role advocating for the social, economic and cultural rights of local indigenous farmers. The human rights defender was charged with 'plagiarism', 'kidnapping' and 'incitement to commit a crime' and was transferred to Guatemala City prison, Centro de Prevención Zona 18 where he has remained in detention. The first hearing for his trial is scheduled for 4 November 2016.
The arrest warrant against Domingo Francisco Cristobal was issued on 25 March 2015, however it was not executed until 26 October 2016, after he participated in a peaceful demonstration. According to civil society groups, a number of arrest warrants have been issued against human rights defenders, but have not been executed, and this practice acts as an implicit threat on their legitimate work in defence of human rights.
The arrest and detention of Domingo Francisco Cristobal is another example of the ongoing repression against land, environmental and indigenous peoples’ rights defenders in Huehuetenango. Seven environmental rights defenders and indigenous leaders were detained for between one and three years on unfounded charges related to their peaceful opposition to extractive and hydroelectric projects in Huehuetenango, before their release in July 2016.
The Inter-American Commission on Human Rights (IACHR) condemned the criminalisation of human rights defenders in Guatemala. In a 2015 report, it stated that “detentions are used as a mechanism to keep defenders from doing their work or to hold them in custody at crucial times in the defense of their causes" (para.184).
Front Line Defenders condemns the arbitrary detention of Domingo Francisco Cristobal, which it considers to be in retaliation to his legitimate and peaceful human rights work on behalf of indigenous farmer communities in Huehuetenango.
Front Line Defenders urges the authorities in Guatemala to:
1. Immediately and unconditionally release and drop all charges against Domingo Francisco Cristobal, 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 Domingo Francisco Cristobal, 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. Guarantee in all circumstances that all human rights defenders in Guatemala are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions, including judicial harassment.
