Guatemalan Activists Say Freedom of Expression Under Threat

Social movements are coming to the defense of Guatemalan indigenous leader Daniel Pascual Hernandez who is facing criminal charges after the leader of a far-right organization accused him of slander.

Hernandez, who is a leading figure in the Campesino Unity Committee, was physically attacked Jan. 25, 2013, by men who said that his political work was the cause of social tensions in the region.

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After the incident, Hernandez said the attack was prompted by columns written by Ricardo Mendez Ruiz, a former military officer and the head of the Foundation Against Terrorism, in a local newspaper. 

Ruiz said the accusation amounted to slander and began legal proceedings against Hernandez. Ruiz refused to pursue amicable reconciliation, preferring that Hernandez be criminally charged.

On Monday a judge accepted the request to bring criminal charges against Hernandez for his alleged slander.

Social movements and nongovernmental organizations responded swiftly to the judge's decision, which they charge is tantamount to a threat against freedom of expression.

“Freedom of expression is a prerequisite for the very existence of a democratic society; for this reason, we are concerned that through this trial human rights defenders will be criminalized for exercising one of the freedoms that we all have, setting a precedent that would limit the exercise of citizenship in Guatemala,” read a collective statement by the Defending Life is a Right Campaign.

Voices of Iximulew, a network of indigenous community media outlets, alleged that Ruiz regularly files complaints against human rights defenders as a means of silencing their work.  

“We call on the judges to not be fooled by Mr. Mendez Ruiz, who submitted countless complaints against defenders of human rights for the simple act of giving their views to the media, in a country that is considered democratic,” read the state by Voices of Iximulew.

The leftist Winaq party in Guatemala also denounced the judge's decision. 

“The criminalization of the peasant struggle and limitation of free expression of thought … shows once again that judges protect sectors who are linked with impunity,” said Winaq.

These organizations regard this alleged attack on freedom of expression as a major setback for political rights in Guatemala and a violation of constitutionally protected rights.