human rights defender
Marcelino Xol Cucul
Actions and Campaigns
© Asociación El Observador
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
HRD's bio and work
(AI Translated) Maya Q'eqchi indigenous leader and member of the Peasant Committee of the Altiplano (CCDA).
He suffers imprisonment for unfounded crimes with the objective of criminalizing him, after defending rights over his territories that liberal and military governments handed over to foreigners and businessmen since the liberal era was established.
The trial against Jorge and Marcelino was marked by serious violations of due process, with 16 arrest warrants issued since July 13, 2017 against residents of the community, without individualization of the facts and accusations, and ultimately Jorge and Marcelino were the only ones sentenced for the acts despite both defense attorneys presenting witnesses who testified that at the time of the events they were not in the community.
On March 12, 2018 Marcelino Xol Cucul was detained by private individuals who beat him before taking him to a police station; in his statement he asserts that on the day of the events he was at the school in the community of Chisec, several hours from the community of Choctun Basilá, teaching. Activity logs and entry registers confirm that he was at the school that day, of which he is the director.
Marcelino Xol and Jorge Coc were sentenced on September 30, 2019 by the Second Criminal, Narcotics and Environmental Crimes Court of the Alta Verapaz Department, Cobán, constituted as a Single Judge Court, for homicide of a person with a single gunshot wound, which represents an impossibility of fact; during the process no ballistic examination was ever conducted; the judgment does not individualize the facts and lacks evidentiary justification. There is an excessive use of pre‑trial detention, remaining in prison since 2018 without beginning to serve the sentence.
They were transferred in August 2024 from the prevention center in Cobán, Alta Verapaz to the rehabilitation center in Puerto Barrios, Izabal, far from where his family resides.
Current Status
In prison (sentenced)
Detained since
Mar 12, 2018
Charge(s)
- Other
Sentence
(AI Translated) On October 30, 2019, he was sentenced by the Second Criminal Court for Sentencing, Narco‑activity and Crimes Against the Environment of the Alta Verapaz Department, Cobán, constituted as a Single‑Judge Sentencing Court, by Judge Luis Alejandro Paniagua Herrera, for one count of homicide and two counts of attempted homicide, imposing sentences of fifteen years' imprisonment, ten years' imprisonment and ten years' imprisonment, respectively, for each offense, for a total of thirty‑five years' imprisonment.
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
(AI Translated) Puerto Barrios, Izabal
Location of detention - Facility
(AI Translated) Departmental Rehabilitation Center
Allegations / reports of ill-treatment
(AI Translated) The Indigenous Peoples Law Firm filed an extraordinary appeal for cassation before the Supreme Court of Justice (SCJ). In December 2021 a public hearing on the appeal was held, which took place on July 12, 2022; finally, in November 2022 the SCJ declared the cassation inadmissible, upholding the sentence that at that time was 33 years to be served.
On November 17, 2022 the Indigenous Peoples Law Firm filed a constitutional protection action before the Constitutional Court (CC) against the resolution of the criminal chamber of the SCJ. The CC accepted the constitutional protection action, ordering the criminal chamber of the SCJ to submit background information or a detailed report on the facts; ultimately, the constitutional protection action was denied in 2023.
In November 2022 the Indigenous Peoples Law Firm filed a complaint seeking a retrial.
Recent case update / evolution
(AI Translated) Being transferred in August 2024 from the Cobán Prevention Center, Alta Verapaz, to the rehabilitation center in Puerto Barrios, Izabal, far from where his family resides.
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