Luis Pacheco and Héctor Chaclán released after more than 15 months in pretrial detention
On August 5, Luis Pacheco and Héctor Chaclán, the former president and treasurer of the 48 Cantones of Totonicapán, were released after spending 468 days in pretrial detention at the Mariscal Zavala prison. The Third Criminal Court, presided over by Judge Mynor Moto, replaced pretrial detention with house arrest and a fine of Q160,000 each. Pacheco and Chaclán must report periodically to the Public Prosecutor’s Office (MP) and may not leave the country without judicial authorization. They are also prohibited from holding public office for the duration of the legal and criminal proceedings.1
The two were arrested in April 2025 and are facing charges of terrorism, obstruction of criminal proceedings, and criminal conspiracy, because they led the 2023 protests, which sought to defend the election results and demand the resignation of corrupt officials such as Attorney General Consuelo Porras. The proceedings have been delayed due to numerous appeals and changes in judges; after 16 months, the case is still in the intermediate phase.2
They were released after the defense requested a review of the coercive measures. During the August 4 hearing, the judge also added the charge of criminal conspiracy and scheduled the next hearing for September 22. The Foundation Against Terrorism, which had asked to participate in the case as a joint plaintiff, did not appear at the hearing, and its request to join was denied.3
Pacheco and Chaclán’s release from prison was met with a warm welcome from ancestral authorities, community leaders, and the people of Totonicapán. For the communities, their release marks an important moment, following more than a year of pretrial detention and legal proceedings in a case of criminalization that has been denounced by national and international organizations as targeting the indigenous leaders who headed the 106-day uprising in 2023.4
Indigenous authorities file an injunction against the TRECSA law
On August 9, 2026, indigenous and ancestral authorities representing different indigenous peoples of Guatemala filed an injunction with the Constitutional Court (CC) to halt the progress of Bill 6665, which aims to establish the Law of Urgent Infrastructure for the Transmission of Electrical Energy (TRECSA Law). They called for the third reading and approval of individual articles to be cancelled, believing that the proposal could violate collective, territorial, environmental, and communal property rights, as well as the right of indigenous peoples to prior consultation.5
Bill 6665 seeks to expedite the construction and expansion of electric power transmission infrastructure through a special system that streamlines administrative procedures and the establishment of easements, among other measures. The proposal has been championed as a way to accelerate strategic projects and strengthen the power grid, but indigenous and ancestral authorities warn that it could facilitate interference in indigenous territories and properties without adequately guaranteeing consultation with and participation by the affected communities. The injunction, filed by authorities from several Maya peoples, included a clear message regarding the communities’ position: “Our land and territories are not for sale; they must be defended.”6
Petén communities affected by the Law on Protected Areas call for dialogue with the government7
On August 26, 2026, 55 multicultural communities from Sierra del Lacandón and Laguna del Tigre, located in the municipalities of La Libertad and San Andrés, Petén, filed a request for high-level assistance and dialogue with the Private Secretariat of the Presidency. The communities, made up of more than 60,000 residents, argue that their presence in the region is the result of government policies on colonization, safety, and agrarian issues, as well as displacement caused by the Internal Armed Conflict. They also claim a historical connection to the Maya peoples who inhabited those territories and reject being characterized as outsiders or invaders. They note that the designation of protected areas through Decrees 4-89 and 5-90 was carried out without prior consultation and has served to justify criminalization, militarization, persecution, and evictions. Between 2000 and 2017, these actions affected more than 2,000 people and included operations in communities such as El Bergelito, La Colorada, Centro Uno, Nueva Esperanza, and Laguna Larga, which resulted in deaths, displacement, and inhumane living conditions.
The communities assert that, though they have made proposals for dialogue and comprehensive development—including state recognition, legally guaranteed tenure, and community-led conservation of natural resources—state institutions have not offered lasting solutions. Though the communities met with the Presidential Commission for Peace and Human Rights (COPADEH) and the Presidential Commission for Conflict Resolution (COPRECON) between 2025 and March 2026 in order to establish a framework agreement for a good faith dialogue process, these efforts came to a standstill.
At the same time, in June 2026, the National Council for Protected Areas (CONAP) approved an update to the Laguna del Tigre Master Plan without consulting the communities. Meanwhile, threats of eviction, arrest warrants, the burning of homes, and the destruction of crops continue. These threats are compounded by the contamination of soil, rivers, and lagoons caused by oil spills and gas leaks caused by the closure of the oil company, PERENCO, and the abandonment of its infrastructure. In light of this situation, the communities are calling on the President to establish a high-level, binding technical roundtable, suspend implementation of the new Master Plan, urgently address the environmental and health crisis, prevent the looting of oil facilities, facilitate the return of the Laguna Larga community, and ensure good-faith consultation processes regarding measures that directly affect the populations in the territory.
Conclusions from the UN Working Group on Business and Human Rights’ Visit
From August 18 to 28, the United Nations Working Group on Business and Human Rights conducted its first official visit to Guatemala to assess state obligations and corporate responsibilities regarding human rights. During the mission, experts Fernanda Hopenhaym and Lyra Jakulevičienė met with government officials, businesses, civil society organizations, indigenous peoples, and communities in various departments across the country.
In their end of mission statement, the experts highlighted a number of challenges related to business activities, including the protection of indigenous peoples’ rights, access to justice and reparations, labor rights, and the protection of human rights defenders. They also drew attention to the need to strengthen corporate human rights due diligence and to prevent negative impacts resulting from business projects.8
The visit took place against a backdrop of conflicts related to extractive and infrastructure projects. Organizations and communities have denounced operations that were launched without adequate consultation processes, while human rights defenders face risks and criminalization linked to their defense of territory and natural resources. Among its recommendations, the Working Group urged the State to adopt measures to end the criminalization of human rights defenders and to strengthen mechanisms for access to justice and reparations. The Working Group also emphasized the importance of preventing undue corporate influence on public institutions and of ensuring the effective participation of affected communities.9
The findings of the visit will be laid out in a report that will be submitted to the UN Human Rights Council in 2027. Monitoring the implementation of these recommendations will be important in assessing the Guatemalan State’s ability to guarantee the rights of communities and of those who defend their territory against the impacts of business activities.
Progress and setbacks in the Guatemalan justice system: The CC protects a former CICIG official from an arrest warrant, while no progress has been made in the case against Stuardo Campo
On August 26, the CC upheld a provisional protection that prevented an arrest warrant from being executed against Luis David Gaitán, former head of the International Commission against Impunity in Guatemala (CICIG). The warrant had been issued by the Third Appeals Chamber in connection with the Odebrecht case, together with warrants against other former prosecutors, former CICIG members, and justice operators who investigated corruption cases involving political figures and who, in recent years, have faced criminal proceedings, arrest warrants, and, in some cases, exile. The CC’s ruling upholds Gaitán’s provisional protection while the constitutional proceedings continue; this does not constitute a ruling on his criminal liability or on the merits of the case, but it does represent a new judicial pronouncement regarding proceedings that have been identified as part of a broader context of criminalization of justice operators during the administration of Attorney General Consuelo Porras.10
However, Stuardo Campo, the only former justice operator still imprisoned, suffered another setback in one of the three ongoing cases against him. On August 27, the Tenth Criminal Court ordered that the intermediate phase hearing in the Zolic case against the former anti-corruption prosecutor be suspended – for the fourteenth time. His attorney, Lucía Xiloj, commented, “Unfortunately, it appears that this pattern will continue over the coming months. This shows that the other parties to the proceedings are engaging in malicious litigation by refusing to allow the process to move forward.” The other defense attorney, Vidal Ixcoy, pointed out that this appears to be malicious, since “the crimes of which he is accused (abuse of authority and denial of justice) carry sentences of two to two and a half years, and allow for alternative measures. However, Judge Víctor Cruz has not given him the opportunity to request those measures.” Stuardo Campo has been in pretrial detention since December 2023.11
The Truth of Exile: Ethics, Criminalization and the Struggle for Justice in Guatemala (2014–2025)
The report, “The Truth of Exile: Ethics, Criminalisation [sic] and the Struggle for Justice in Guatemala (2014–2025)”, which was produced by Carlos Martín Beristain and presented on August 14, 2026, uses testimonies to document how the persecution and criminalization of justice operators, journalists, and human rights defenders have, in many cases, forced them to leave behind their lives in Guatemala. The report shows that exile is not a voluntary decision but rather the result of threats, legal proceedings, and other forms of persecution. It describes the personal, familial, professional, and economic consequences of exile, as well as the impact this phenomenon has had on justice and democracy in the country. It also highlights the need to make progress toward recognition, reparations, the restoration of rights, and the creation of conditions for a safe return.12
1Pérez Mallorquín, C., Luis Pacheco y Héctor Chaclán pagan una caución de Q160 mil cada uno y recuperan su libertad, Prensa Libre, 05 Aug 2026.
2García, J., Del aislamiento carcelario al abrazo comunitario: cómo Luis Pacheco y Héctor Chclán recuperaron la libertad, Plaza Pública, 10 Aug 2026.
3Valdéz, A., Luis Pacheco y Hector Chaclán regresan a casa tras 15 meses en prisión, Prensa Comunitaria, 05 Aug 2026.
4Pérez Mallorquín, C., Op. Cit.
5Antonio Ramón, S., Autoridades indígenas accionan contra iniciativa de ley que ignora las consultas, Prensa Comunitaria, 10 Aug 26.
6Véliz, J., Autoridades indígenas presentan amparo contra iniciativa de ley que llaman “Trecsa”, La Hora, 09 Aug 26.
7Information provided by the Human Rights Law Firm (BDH), the communities’ legal representative.
8Antonio Ramón, S., Expertos de ONU llegan a Guatemala para evaluar al país sobre tratados de empresas y derechos humanos, Prensa Comunitaria, 17 Aug 2026.
9UN Working Group on Business and Human Rights, End of Mission Statement, Country Visit to Guatemala, United Nations, Office of the High Commissioner for Human Rights, 28 Aug 2026.
10Valdéz, A., CC avala fallo que frena orden de captura contra exmandatario de CICIG, Prensa Comunitaria, 26 Aug 2026 y Menchú, S., El exilio judicial exige al presidente Arèvalo “acciones concretas” para un regreso seguro a Guatemala, El País. 19 Aug 2026.
11Similox, H., Abogados de Campo denuncian litigio malicioso por caso Zolic, Diario de Centro America, 31.08.2026.
12Beristain, C. M., La verdad del exilio: Ética, criminalización y lucha por la justicia en Guatemala (2014–2025), Casa Centroamérica. 14.08.26.