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Guatemala

Section 1. Respect for the Integrity of the Person, Including Freedom from:

Trial Procedures

The constitution provides for the right to a fair and public trial, the presumption of innocence, the defendant’s right to be present at trial, and the right to legal counsel in a timely manner. The law requires the government to provide attorneys for defendants facing criminal charges if the defendant cannot find or afford an attorney. Defendants and their attorneys may confront adverse witnesses and present their own witnesses and evidence. The law provides for “abbreviated processing,” similar to plea bargaining, for minor offenses with short-term prison sentences and the right of appeal. Three-judge panels render verdicts. The law provides for oral trials and mandates free language interpretation for those needing it; however, interpreters were not always available, including for indigenous victims in the high-risk courts. Officials conduct trials in Spanish, the official language, although many citizens speak only one of the 23 officially recognized indigenous languages.

The Public Ministry, acting independently of the executive branch but dependent on funding that goes through congress, may initiate criminal proceedings on its own or in response to a complaint. Private parties may participate in the prosecution of criminal cases as plaintiffs.

Most courts closed at the outbreak of COVID-19 in mid-March while the judicial system created sanitation protocols and amended regulations to allow virtual hearings. Courts began reopening in June, with individual judges allowed to decide whether to return to work and whether to hold court virtually. The judicial system reported 40,000 hearings were cancelled by June. The system was working through the backlog, but as a result of the closure, conviction rates for most crimes were lower than in 2019.

International and domestic observers considered the number of judges insufficient. Lack of sufficient personnel, training, and evidence hampered Public Ministry prosecutors’ ability to bring cases to trial.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. The intimidation of, and violence against, journalists resulted in significant self-censorship, however.

Freedom of Speech: Independent journalist Sonny Figueroa claimed harassment after he published a report claiming the director of the presidential commission Centro de Gobierno, Miguel Martinez, engaged in nepotism. Figueroa said the government denied him access to press events, and PNC officers harassed him on multiple occasions after he published the report.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views. Nonetheless, reporters covering organized crime, including its links to corrupt public officials, acknowledged practicing self-censorship due to the danger investigative journalism created for them and their families.

Violence and Harassment: Members of the press reported receiving pressure, threats, and retribution from public officials and criminal organizations regarding the content of their reporting. Online attacks against independent journalists and media outlets continued throughout the year. These included hacking journalists’ private social media accounts, publishing stolen or falsified personal information, and conducting apparent coordinated attempts to undermine specific journalists and the press.

On February 27, unidentified gunmen entered journalist Bryan Guerra’s home and killed him. Before the incident, Guerra had reported threats on social media. On November 10, unidentified assailants on motorcycles attacked television director Mario Ortega in Post San Jose. Ortega died from his injuries on November 15. Media reported he had received telephone calls demanding extortion money.

The PNC arrested Anastasia Mejia, director of a local television and radio service, following her live radio and video reporting on an August 24 protest at the Joyabaj mayor’s office that resulted in damage to municipal property. Mejia was a vocal critic of the mayor and reported on allegations of corrupt practices by the mayor in awarding public contracts. As of November, Mejia’s case was under investigation in the Public Ministry’s Municipal Prosecution Office of Joyabaj. On October 28, Judge Susy Perez formally charged Mejia with sedition, attempted acts of violence, aggravated arson, and aggravated robbery. Judge Perez granted Mejia bail while her trial continued.

Public hearings began on November 16 in the “Journalists Case,” in which former congressman Julio Antonio Juarez Ramirez was accused of ordering the murders of two journalists in Suchitepequez in 2015.

The government failed to establish a journalist protection program, a commitment the country accepted in 2012 during the Universal Periodic Review of the UN Human Rights Council. In December 2019 the Public Ministry inaugurated the Prosecutor’s Office for Crimes against Journalists. The office reported 73 complaints of attacks or threats against journalists from January to August, compared with 51 during the same period of 2019, and one homicide compared with none reported in the same period of 2019.

Nongovernmental Impact: Organized crime exerted influence over media outlets and reporters, frequently threatening individuals for reporting on criminal activities.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, and sets penalties between five and 50 years in prison. Police had minimal training or capacity to investigate sexual crimes or assist survivors of such crimes, and the government did not enforce the law effectively. Rape and other sexual offenses remained serious problems.

The government took steps to combat femicide and violence against women. The judiciary continued to operate a 24-hour court in Guatemala City to offer services related to violence directed toward women, including sexual assault, exploitation, and trafficking of women and children. The judiciary also operated specialized courts for violence against women throughout the country, but not in every department. The Public Ministry maintained a 24-hour victim service center to provide medical, psychosocial, and legal support to victims, including restraining orders for their immediate protection. The ministry also maintained a national alert system for finding disappeared women. Sexual violence remained widespread despite these advances. The ministry reported that 3,684 women were victims of rape from January to August, compared with 6,231 women in the previous year. NGOs partially attributed the lower number of cases filed to barriers to accessing the Public Ministry during the COVID-19 pandemic, including modified working hours for Public Ministry offices.

The law establishes penalties for femicide of 25 to 50 years in prison without the possibility of reducing the sentence; however, femicide remained a significant problem. The NGO Mutual Support Group reported that from January to August, 302 women were killed, compared with 477 in the same period in 2019. According to judicial system data, 34 persons were convicted of femicide from January to November.

Violence against women, including sexual and domestic violence, remained widespread and serious. The law establishes penalties of five to eight years for physical, economic, and psychological violence committed against women due to their gender. As the government closed down nonessential businesses and most forms of travel, imposing a strict curfew for COVID-19, several NGOs, international organizations, and the government noted an increase in domestic abuse and violence against women. Data was scarce and difficult to collect, as some analysts noted women were not able to leave their homes to report abuses confidentially to police. Mutual Support Group estimated that domestic violence cases increased by nearly 200 percent compared with the previous year, noting 2,657 cases of “intrafamily violence” in the first six months. The Public Ministry recorded 39,399 instances of violence against women from January to August, compared with 40,993 in the same period of 2019. The ministry noted that the judicial system convicted 424 perpetrators of violence against women from January to August, compared with 1,149 in the same period of 2019.

In January, PNC officers arrested Francisco Cuxum Alvaradeo, 64, immediately after his deportation from the United States. The Public Ministry indicted him on charges of crimes against humanity and aggravated sexual assault against 36 Maya Achi women in Rabinal between 1981 and 1985. The Public Ministry indicted seven other defendants, former members of the civil defense patrols, on the same charges in 2018. The case against Cuxum was in the presentation of evidence phase, awaiting a resolution regarding the opening of a public trial. Cuxum’s case reopened the overall Maya Achi sexual violence case, which had remained blocked after a previous judge dismissed the charges against the seven other defendants and ordered their release. The case remained mired in a series of unresolved appeals.

Sexual Harassment: Although several laws refer to sexual harassment, no single law, including laws against sexual violence, address it in a direct manner. Human rights organizations reported sexual harassment was widespread.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children free from discrimination, coercion, and violence. They did not always have the information and means to do so.

Cultural, geographic, and linguistic barriers hampered access to reproductive health care including contraceptives, particularly for indigenous women in rural areas, where contraceptives were also least likely to be available locally. A lack of culturally sensitive reproductive and maternal health-care service providers deterred some indigenous women from accessing these services.

The government made progress to ensure that survivors of sexual violence who sought medical attention received sexual and reproductive health services, with some hospitals classifying sexual assault as a medical emergency; however, many survivors did not seek medical care due to cultural and geographic barriers.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Although the law establishes the principle of gender equality, women, and particularly indigenous women, faced discrimination and were less likely to hold management positions.

Indigenous People

The government’s National Institute of Statistics estimated indigenous persons from 24 ethnic groups made up 44 percent of the population. The law provides for equal rights for indigenous persons and obliges the government to recognize, respect, and promote the lifestyles, customs, traditions, social organizations, and manner of dress of indigenous persons. The government does not, however, recognize particular indigenous groups as having a special legal status provided by national law.

Indigenous communities were underrepresented in national politics and remained largely outside the political, economic, social, and cultural mainstream. This was mainly due to limited educational opportunities (contrary to law), limited communication regarding their rights, and pervasive discrimination. Government agencies dedicated to supporting indigenous rights lacked political support. These factors contributed to disproportionate poverty and malnutrition among most indigenous populations.

Indigenous lands were not effectively demarcated, making the legal recognition of titles to the land problematic. Indigenous rights advocates asserted that security authorities’ lack of familiarity with indigenous norms and practices engendered misunderstandings.

Indigenous representatives claimed actors in a number of regional development projects failed to consult meaningfully with local communities. In some cases indigenous communities were not able to participate in decisions affecting the exploitation of resources in their communities, including energy, minerals, timber, rivers, or other natural resources. They also lacked effective mechanisms for dialogue with the state to resolve conflicts.

The Russian conglomerate Solway, which bought the Fenix nickel mine in Izabal Department in 2014, continued to stand accused of violence against indigenous activists and illegal extraction of undeclared materials. Observers in Izabal reported that as of September, the mine continued operations despite the 2019 court order to suspend activities. Observers reported that Solway employees were giving baskets of food and other bribes to locals to keep them from protesting the mine, as protests routinely disrupted mine operations. Observers also reported Solway was believed to have bribed municipal officials in El Estor to keep news of a COVID-19 outbreak on the mine compound from becoming public. The 2019 Constitutional Court order required the provisional closure of the mine until the Ministry of Energy and Mines conducted consultations compliant with Convention 169 of the International Labor Organization (ILO) with local communities.

Xinka authorities reported the court-ordered consultations were not progressing in regards to the San Rafael mine. In 2018 the Constitutional Court ordered the Ministry of Energy and Mines to hold ILO Convention 169-compliant consultations with Xinka populations and upheld the suspension of the operating license of the San Rafael Mine until after conclusion of the consultations.

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