human rights defender
Marcelino Xol Cucul
Actions and Campaigns
© Asociación El Observador
Marcelino Xol Cucul
HUMAN RIGHTS DEFENDER
Organization affiliation
- Comité Campesino de Desarrollo del Altiplano (CCDA)
HRD's Gender
Man
Type of HRD
- Social and community leader
HRD's thematic area of engagement
- Environmental rights
- Indigenous peoples’ rights
- Land rights
HRD's geographical origin
Rural
Current Status
In prison (sentenced)
HRD's bio and work
(AI translated) A Mayan Q'eqchi indigenous leader and member of the Highland Farmers Committee (CCDA).
He is being held in prison on fabricated charges in an attempt to criminalize him, simply for defending the rights to his lands—lands that liberal and military governments have handed over to foreigners and entrepreneurs since the beginning of the liberal era.
The trial of Jorge and Marcelino was marked by serious violations of due process. Sixteen arrest warrants were issued on July 13, 2017, against residents of the community, without any specific details regarding the alleged offenses or charges. In the end, only Jorge and Marcelino were convicted, despite the fact that both defenders presented witnesses who testified that they were not in the community at the time of the alleged incidents.
On March 12, 2018, Marcelino Xol Cucul was detained by private individuals who beat him before taking him to a police station. He stated in his statement that he had been at a school in the Chisec community that day, several hours away from the location of the alleged incident, and was giving lessons. Records of his activities and attendance confirm his presence at the school that day, as it is where he works as principal.
On September 30, 2019, Marcelino Xol Cucul and Jorge Coc were convicted by the Second Criminal, Narcotics, and Environmental Crimes Court of Alta Verapaz Department, in Cobán. The judgment was rendered by a single judge. They were convicted of homicide despite the fact that the victim suffered only one bullet wound, which makes the crime seemingly impossible to commit. No ballistics examination was conducted during the trial, and the verdict did not take into account the specific details of the case or provide any evidence to support it. Moreover, they were held in pretrial detention for an excessively long time, remaining in prison since 2018 without even beginning to serve their sentence.
In August 2024, they were transferred from the pretrial detention center in Cobán, Alta Verapaz, to the rehabilitation center in Puerto Barrios, Izabal—a place far away from where their families live.
Detained since
Mar 12, 2018
Charge(s)
- Other
Sentence
(AI translated) On October 30, 2019, they were sentenced by the Second Criminal, Narcotics, and Environmental Crimes Court of the Alta Verapaz Department, located in Cobán and presided over by Judge Luis Alejandro Paniagua Herrera in a single-judge trial. They were convicted of one charge of homicide and two charges of attempted homicide, and were sentenced to 15 years in prison for the first crime, 10 years in prison for the second crime, and another 10 years in prison for the third crime, resulting in a total sentence of 35 years in prison.
Latitude: 15.715638803590517
Longitude: -88.59050989151001
Geolocation of detention
Country or area of detention
Region of detention
- Americas: Latin America and the Caribbean
Location of detention - City/Town
Puerto Barrios, Izabal
Location of detention - Facility
Centro de Rehabilitación Departamental
Recent case update / evolution
(AI translated) In August 2024, he was transferred from the prevention center in Cobán, Alta Verapaz, to the rehabilitation center in Puerto Barrios, Izabal, far away from where his family lives.
Attachments
Documented by
- Country(ies) of nationality
- HRD's Gender
- Man
- Type of HRD
- Social and community leader
- HRD's thematic area of engagement
- Environmental rights
- Indigenous peoples’ rights
- Land rights
- Organization affiliation
- Comité Campesino de Desarrollo del Altiplano (CCDA)
- HRD's Picture
- Copyright
- Asociación El Observador
- HRD's bio and work
(AI translated) A Mayan Q'eqchi indigenous leader and member of the Highland Farmers Committee (CCDA).
He is being held in prison on fabricated charges in an attempt to criminalize him, simply for defending the rights to his lands—lands that liberal and military governments have handed over to foreigners and entrepreneurs since the beginning of the liberal era.
The trial of Jorge and Marcelino was marked by serious violations of due process. Sixteen arrest warrants were issued on July 13, 2017, against residents of the community, without any specific details regarding the alleged offenses or charges. In the end, only Jorge and Marcelino were convicted, despite the fact that both defenders presented witnesses who testified that they were not in the community at the time of the alleged incidents.
On March 12, 2018, Marcelino Xol Cucul was detained by private individuals who beat him before taking him to a police station. He stated in his statement that he had been at a school in the Chisec community that day, several hours away from the location of the alleged incident, and was giving lessons. Records of his activities and attendance confirm his presence at the school that day, as it is where he works as principal.
On September 30, 2019, Marcelino Xol Cucul and Jorge Coc were convicted by the Second Criminal, Narcotics, and Environmental Crimes Court of Alta Verapaz Department, in Cobán. The judgment was rendered by a single judge. They were convicted of homicide despite the fact that the victim suffered only one bullet wound, which makes the crime seemingly impossible to commit. No ballistics examination was conducted during the trial, and the verdict did not take into account the specific details of the case or provide any evidence to support it. Moreover, they were held in pretrial detention for an excessively long time, remaining in prison since 2018 without even beginning to serve their sentence.
In August 2024, they were transferred from the pretrial detention center in Cobán, Alta Verapaz, to the rehabilitation center in Puerto Barrios, Izabal—a place far away from where their families live.
- HRD's geographical origin
- Rural
- Country or area of detention
- Region of detention
- Americas: Latin America and the Caribbean
- Location of detention - City/Town
- Puerto Barrios, Izabal
- Location of detention - Facility
- Centro de Rehabilitación Departamental
- Geolocation of detention
Latitude: 15.715638803590517
Longitude: -88.59050989151001
- Geolocation of detention
- Detained since
- Mar 12, 2018
- Current Status
- In prison (sentenced)
- Charge(s)
- Other
- Sentence
(AI translated) On October 30, 2019, they were sentenced by the Second Criminal, Narcotics, and Environmental Crimes Court of the Alta Verapaz Department, located in Cobán and presided over by Judge Luis Alejandro Paniagua Herrera in a single-judge trial. They were convicted of one charge of homicide and two charges of attempted homicide, and were sentenced to 15 years in prison for the first crime, 10 years in prison for the second crime, and another 10 years in prison for the third crime, resulting in a total sentence of 35 years in prison.
- Recent case update / evolution
(AI translated) In August 2024, he was transferred from the prevention center in Cobán, Alta Verapaz, to the rehabilitation center in Puerto Barrios, Izabal, far away from where his family lives.
- Allegations / reports of ill-treatment
(AI translated) The Indigenous Peoples’ Legal Office filed an extraordinary appeal for cassation with the Supreme Court of Justice. In December 2021, a public hearing was held regarding this appeal, which took place on July 12, 2022. Finally, in November 2022, the Supreme Court ruled that the appeal was unfounded, upholding the original sentence of 33 years in prison.
On November 17, 2022, the Indigenous Peoples’ Legal Office filed a constitutional protection action with the Constitutional Court against the decision of the Supreme Court’s Criminal Division. The Constitutional Court accepted this action and ordered the Criminal Division to submit relevant case documents or a detailed report on the facts. However, this constitutional protection action was ultimately dismissed in 2023.
In November 2022, the Indigenous Peoples’ Legal Office also submitted a complaint seeking to have the case re-examined.
- Protection actions and campaigns
- Documented by
- Consent status
- Consent to register, store and publish the information
Supporting files
sorted by
Date added
4 relationships, 3 entities