David Maxena, from the Nuevo Chintún community (municipality of Tucurú, Alta Verapaz), is a member of the Union of Peasant Organizations Las Verapaces (UVOC) and son of one of the most visible leaders of the resistance in Tucurú in defense of the right to land. He was arrested on February 14, 2022 for four crimes, among them trespassing and threats. After he gave his first statement he was charged with aggravated trespassing.
According to his lawyers, the case has been plagued with irregularities from the beginning. He was not notified of the arrest warrant and he was not aware of the charges against him at the time of his arrest. According to members of his community he was also required to pay an extortion “fee” of 15,000 Quetzals when he entered prison to avoid being beaten.
Once in prison, David was transferred from the regular assigned sector to a section of the prison called “Bartolina” without any apparent justification nor communication with his legal representative. This sector is used to isolate prisoners for bad behavior or to house prisoners who request a transfer because they feel their safety is at risk. This transfer led to a considerable worsening of David’s conditions, since the space in the Bartolina is very small and is occupied by seven or more people living in it, so the prisoners have to sleep sitting down. In addition, they have very precarious access to open air spaces, there is little space for mobility and ventilation and natural light are poor. In fact, the only opportunity to leave the cell is to use the bathroom.
A hearing relating to the coercive measures took place on April 18, 2022. David hoped he would be granted alternative measures, since the deprivation of liberty is a disproportionate response to the charges against him. He did not obtain the alternative measures but he was granted the transfer from Bartolina to a regular cell.
At the sentencing hearing on October 18, 2022, David was acquitted as his presence in the “invasion” of the land claimed by the company Agropecuaria Chintún could not be proven as there are a series of irregularities regarding the way in which a large part of the farm is parceled out. David was released that same day. However, the company filed an appeal against the acquittal, which was granted and is now pending trial. The trial was initially scheduled for August 1, 2023, but has already been postponed three times and is currently planned for mid-April 2024.