Amnesty International has designated Luis Pacheco and Héctor Chaclán, ancestral authorities representing the 48 cantons of Totonicapán, as prisoners of conscience.
The designation follows the prolonged detention of the two men, who have been held in pre-trial custody since April 23, 2025. According to the human rights organization, the arrests are an arbitrary punishment for the men’s roles in peaceful demonstrations and their representation of indigenous communities.
Pacheco and Chaclán served as community mayors appointed under the traditional customs of the Maya K’iche’ people in western Guatemala. At the time of the events leading to their arrest, they held the positions of president and treasurer, respectively, of the board of directors for the Council of Mayors of the 48 Cantons of Totonicapán.
The Public Prosecutor’s Office has leveled charges of terrorism, unlawful association, and obstruction of criminal proceedings against the two leaders. These charges stem from their involvement in peaceful protests that occurred across the country in October 2023. If convicted, the combined penalties for these crimes could exceed 30 years in prison.
A review of the criminal proceedings by Amnesty International revealed several procedural irregularities. The organization noted that the legal process has stalled due to repeated changes in the presiding judges. An intermediate hearing, which had been scheduled for early July 2025, was never conducted.
the organization reported that Pacheco and Chaclán have not appeared before a judge to review their deprivation of liberty for over a year. Legal counsel for the defendants has also been denied full access to the evidence contained within the case file.
Amnesty International stated that these tactics align with a broader pattern of criminalization targeting journalists, human rights defenders, and those working against corruption and impunity. Ana Piquer, Americas director at Amnesty International, stated that the use of terrorism and unlawful association charges is a misinterpretation of ambiguous legal wording used to penalize the exercise of freedom of expression.
The crackdown extends to other indigenous representatives. Basilio Puac, a 2023 member of the Board of Directors of the 48 cantons, is currently under house arrest facing charges of unlawful association, sedition, and obstruction of justice. Similarly, Esteban Toc Tzay, a former deputy mayor of the Indigenous Mayor’s Office of Sololá, is under house arrest on charges including terrorism, sedition, and unlawful association.
Piquer described the accusations as discriminatory, arguing that the charges target the specific organizational forms of Indigenous Peoples to deter peaceful protest. She noted that in the context of Guatemala’s history of systematic racism and violence against indigenous populations, the application of these specific criminal charges is a manifestation of discrimination embedded within the justice institutions.
The status of prisoner of conscience is granted to individuals imprisoned solely for their identity or for expressing ideas and exercising rights without resorting to violence or inciting hatred. Amnesty International has called for the immediate and unconditional release of Luis Pacheco and Héctor Chaclán.
