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

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.

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.

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