IACHR
Press Release
IACHR Condemns Excessive Use of Force and Urges Investigation of All Forms of Violence During Social Protests in Guatemala
November 23, 2020
Washington, D.C. - The Inter-American Commission on Human Rights (IACHR) condemned the excessive use of force by security forces during social protests in Guatemala and urged the authorities to investigate the situation with due diligence. The IACHR emphatically rejected the repression of demonstrators, journalists, and human rights defenders, which has led to the arrest of at least 43 people, 21 of whom claimed having been beaten by police officers, and to 12 people suffering injuries, two of which were serious as a result of receiving blows to the eyes and skull.
According to publicly available information, the approval of the budget for 2021 was what triggered the protests, which was compounded by outcries against corruption, questions about the use of resources for responding to the COVID-19 pandemic, and a widespread social, economic, and political crisis that is dramatically aggravated by the hurricane season. A large number of demonstrators were present at the peaceful protests that took place over several days, including children, adolescents, and elderly people, who allegedly suffered indiscriminate repression involving the excessive use of force, including teargas, high-pressure hoses, and blows as well as arbitrary detention.
The IACHR and the Office of the Special Rapporteur for Freedom of Expression (OSRFE) condemned the acts of vandalism at the Congress building, after which demonstrators were subjected to indiscriminate repression, while also emphasizing the importance of clarifying the cause of these events, notably the security conditions at the building, which the IACHR was informed is usually protected by public security forces.
Amid an institutional crisis that should be dealt with through democratic means, the IACHR expressed its appreciation of the work of the Human Rights Ombud and the judiciary, which stated there were no grounds for detaining a large number of people simply for taking part in a peaceful demonstration. However, some individuals remain in detention for crimes against property and are awaiting a hearing. The OSRFE drew attention to the case of Melissa Mencos, a journalist who was beaten by State agents and whose arrest was declared inadmissible by the judiciary due to her role as a journalist, given that police officers would have been able to ascertain that her presence at the demonstration was a legitimate part of her work. At the ongoing hearings on the case, judges have repeatedly reproached the Public Prosecutor’s Office for its weakness and inconsistency in relation to the charges pressed against detainees.
The IACHR warned that although the State has a legitimate duty to guarantee security and public order, the use of force must be governed by the principles of legality, strict necessity, and proportionality.
It also called on all people who take part in demonstrations to avoid resorting to acts of violence and once more stressed that the use of violence by some people or groups during a demonstration does not necessarily mean that the whole demonstration is violent. The IACHR warned that when such acts of violence arise, any individuals (be they demonstrators or third parties) who jeopardize rights or damage State property must be identified; that security forces must focus strictly on containing acts of violence and guaranteeing the right to protest; and that peaceful demonstrators should not be subjected to any sort of direct repression or arbitrary detention.
On this point, the OSRFE wishes to remind the State of its duty to guarantee that journalists and media workers who are covering demonstrations are not arrested, threatened, attacked, or in any way prevented from exercising their profession. Their equipment and materials must not be destroyed or confiscated by public authorities. Protecting the right to freedom of expression implies that authorities must ensure that journalists and media workers can cover events of public interest like social protests.
The IACHR acknowledged that in response to these events, Congress has suspended the processing of Decree 33-2020, which concerns the budget for 2021. It also urged for the human rights of all people to be fully respected and trusts that a solution to the institutional, political, and social crisis in Guatemala will be constructed based on dialogue and democratic values.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.
No. 281/20