the environment faced vilification and
attempts to cast them as criminals, both by
officials in their public statements and by
private individuals, as well as through
baseless criminal proceedings.4
The prosecution of human rights defender
Daniel Pascual on criminal charges of
slander, libel and defamation continued
during the year. The charges were linked to
public statements he had made in 2013. The
judge ignored the defendant’s petition that
the case be dealt with under the
Constitutional Law on the Expression of
Thought and not through ordinary criminal
proceedings. On 7 June, the Constitutional
Court granted an interim injunction that
temporarily suspended proceedings against
Daniel Pascual.
In early 2016, a well-known human rights
defender received death threats against
herself and her children. Threats against the
defender coincided with the publication in a
newspaper of a paid advertisement on 6 April
in which the president of a private company
alleged that the purpose of human rights
NGOs was to stop economic development,
calling them enemies of the country.
On 22 July, High-Risk Court A in
Guatemala City acquitted seven defenders of
the rights of the Indigenous Maya Q’anjobal
People. They had been accused of illegal
detention, threats and incitement to commit a
crime. By the time they were released, they
had spent more than a year in pre-trial
detention.
REFUGEES’ AND MIGRANTS’ RIGHTS
For decades, Guatemalans have migrated to
the USA via Mexico in an effort to escape the
high levels of inequality and violence
affecting marginalized groups, including
Indigenous Peoples, in the country. Over the
past five years, large numbers have been
forcibly returned to Guatemala. However, no
comprehensive mechanism or protocol had
been put in place to address the needs of
returnees. According to UNHCR, the UN
refugee agency, between January and
August, 11,536 Guatemalans sought asylum
in other countries. In September, the
174
Congress approved a new Migration Code to
replace the existing outdated migration law.5
LAND DISPUTES
In February, the Supreme Court temporarily
suspended the operating licence for El
Tambor mine in a judgment concerning the
failure to carry out prior consultation. The
Ministry of Energy and Mines stated that the
licence had already been granted and so
could not be suspended. As a result, from
March onwards the community held sit-ins at
the headquarters of the Ministry of Energy
and Mines calling for the interim relief
granted by the Supreme Court to be
enforced. At the end of June, the Supreme
Court upheld its previous decision in a
definitive manner.
1. Guatemala: Shameful decision to postpone Ríos Montt trial a new
stain on Guatemala’s justice system (News story, 11 January)
2. Guatemala: Conviction of military in sexual abuse case, a historic
victory for justice (Press release, 26 February)
3. Guatemala: Decision to take Creompaz case to trial an advance for
justice (AMR 34/4218/2016)
4. Americas: “We are defending the land with our blood”: Defenders of
the land, territory and environment in Honduras and Guatemala (AMR
01/4562/2016)
5. Americas: Home sweet home? Honduras, Guatemala and El
Salvador’s role in a deepening refugee crisis (AMR 01/4865/2016)
GUINEA
Republic of Guinea
Head of state: Alpha Condé
Head of government: Mamady Youla
The security forces used excessive force
against peaceful demonstrators and
harassed people expressing dissent. Torture
and other ill-treatment were reported. The
security forces continued to enjoy impunity
for human rights violations. The death
penalty was abolished for ordinary crimes.
Early and enforced marriage was
criminalized.
Amnesty International Report 2016/17
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