English  |  Français  |  Español
 
OMCT LogoOMCT logo
Make a donationRSSOMCT on FacebookOMCT on TwitterOMCT BlogHomeAbout OMCTActivitiesCATOMCT NetworkOMCT EuropeContactsMake a donation
  • Urgent campaigns
  • Assistance to victims
  • Human rights defenders
  • ESCR
  • Rights of the child
  • Violence against women
  • Monitoring protection mechanisms
 Save as PDF Print version
Human rights defenders / Reports and Publications / Ecuador / 2016 / February

Criminalisation of human rights defenders: an alarming phenomenon in Latin America - Publication of a report

Paris, Geneva, Mexico, 25 February 2016 – The criminalization of human rights defenders in the context of the extraction of natural resources and megaprojects is becoming a very worrisome phenomenon in Latin America, denounces  the Observatory in a report published today in Mexico. Entitled “The criminalization of human rights defenders in the context of industrial projects: a regional phenomenon in Latin America”, this document also points to the role of businesses, civil servants, public prosecutors, judges, and the State, among others, in this phenomenon.

 

The report describes the specific cases of human rights defenders criminalized in eight Latin American countries (Brazil, Colombia, Ecuador, Guatemala, Honduras, Mexico, Nicaragua and Peru).

 

“Criminalizing and harassing those who defend human rights and land rights is becoming a recurring pattern in Latin America. It is not an isolated phenomenon” points out the Observatory. “Judges and attorneys often have their share of responsibility with regard to this criminalization. This must end immediately. They can no longer be complicit”.

                              

The report especially stresses two core issues common to all the countries studied:

 

Firstly, it is in the contexts of extraction of natural resources and of megaprojects that criminalization of human rights defenders is most virulent. They are targeted because they promote landrights and defend vulnerable groups, such as indigenous, afro and rural communities. But also because they have a key role in drawing attention to human rights violations related to property, exploitation of land and resources, the environment, water rights and respect for labor rights, among others. All of the cases documented in the report demonstrate how the inappropriate use of criminal law to criminalize community leaders contributed to the collapse of their capacity to act.

 

Moreover, the report emphasizes the key role of businesses and the judiciary in criminalizing defenders, despite their human rights obligation and the legitimacy of peaceful social protest. Nearly all criminal cases against defenders have been initiated by businesses, who request the application of emergency laws such as, for example, anti-terrorism legislation.

 

Furthermore, the report denounces the lack of independence and impartiality of justice and its determining impact on the criminalization of defenders. In most of the cases presented, additionally to charging abusively the defenders, the Public Ministry leads criminal action and calls regularly for preventive prison. In many cases defenders are prosecuted once, twice or more. This is extremely serious in that it violates the minimum guarantees of due process and the right to personal liberty. Likewise, although judges do not always convict defenders, they almost systematically assent to requests for cautionary measures such as preventive arrest.

 

The Observatory urges the judiciary of the above-mentioned countries not to be accomplices to the undue criminalization of human rights defenders and to initiate a period of reflection within the judicial system on the need for practicing justice in a way that respects the equality of all parties without favoring political and economic interests.

 

The report is available here in Spanish: Informe Observatorio Criminalización América Latina_Español

 

 

The infographics is available here.

 


The Observatory, an FIDH and OMCT venture, is dedicated to the protection of human rights defenders and aims to offer them concrete support in their time of need.

 

Organizations who contributed to the elaboration of this report :

 

FIDH, within the framework of the Observatory for the Protection of Human Rights Defenders

 

World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders

 

Justiça Global – Brazil

 

CAJAR – Colombia

 

INREDH – Ecuador

 

CEDHU - Ecuador

 

UDEFEGUA – Guatemala

 

COFADEH – Honduras

 

COPINH – Honduras

 

CMDPDH – Mexico

 

CENIDH - Nicaragua


APRODEH – Peru

Properties

Date: February 25, 2016
Activity: Human Rights Defenders
Type: Reports and Publications
Country: Brazil, Colombia, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Peru
Subjects: Arbitrary arrests and enforced disappearances, Human Rights Defenders, Justice system, Threats, intimidation and harassment

Attachments

  • Press_Release_Report_criminalisation_Latin_America_2016.02.25_EN
    2 pages / 129 KB

  • Infografia Criminalizacion Defensores/as en América Latina
    671 KB

Share this

Tweet

Related articles

  • Ecuador:  Indulto y liberación de Pepe Acacho Gonzalez
    Urgent Interventions / October 11, 2018
  • Ecuador:  Continuación de la criminalización del Sr. José (Pepe) Acacho González
    Urgent Interventions / March 5, 2018
  • Peru:  Absolución de Máxima Acuña en el proceso penal en el que estaba siendo criminalizada por parte de la empresa minera Yanacocha
    Urgent Interventions / May 17, 2017
  • Ecuador:  Jimpikit Agustín Wachapá Atsasu released after 4 months of arbitrary detention but his criminalisation is ongoing
    Urgent Interventions / April 27, 2017
  • Peru:  Acquittal of the 16 human rights defenders from Cajamarca who were being criminalised
    Urgent Interventions / April 14, 2017
  • Ecuador:  Arbitrary detention of indigenous leader Jimpikit Agustín Wachapá Atsasu
    Urgent Interventions / April 14, 2017
  • Guatemala:  European Parliament mobilises for Human Rights Defenders in Guatemala
    Statements / February 16, 2017
  • Ecuador:  Open Letter to the Presidential Candidates: Commit to abrogate the decrees that alow for NGOs to be dissolved
    Urgent Interventions / January 19, 2017
  • Peru:  Hostigamiento judicial contra 15 ronderos a través de dos procesos penales
    Urgent Interventions / November 2, 2016
  • Colombia:  Carta abierta: Garantías para la labor de defensa de los derechos humanos del líder ambientalista y sindical Héctor Sánchez Gómez
    Urgent Interventions / October 20, 2016
  • Mexico:  Arbitrary detention and judicial harassment against Ildefonso Zamora
    Urgent Interventions / March 29, 2016
  • Guatemala:  Press Relase: Human rights defenders' freedom of expression under threat: Daniel Pascual must be acquitted
    Urgent Interventions / March 24, 2016
  • Criminalisation of Human Rights Defenders : The Phenomenon in 10 Images
    Links / March 15, 2016
  • Peru:  Acts of harassment by the security officers of the mining company Yanacocha against Ms. Máxima Acuña and her family
    Urgent Interventions / February 10, 2016
  • HRDN Stand 4 Human Rights Defenders Campaign: Second Featured case: David Ravelo
    Urgent Interventions / February 10, 2016
  • Mexico:  Ill-treatment, harassment and repraisals by the personnel of the detention centre against Mr. Damián Gallardo Martínez
    Urgent Interventions / February 10, 2016
  • European Parliament/DROI Mission to Guatemala, February 2016: Joint briefing by Civil Society Organisations
    Reports and Publications / February 9, 2016
  • European Parliament/DROI Mission to Mexico - February 2016: Joint briefing by Civil Society Organisations
    Reports and Publications / February 9, 2016
  • Guatemala:  Joint Press Release: The defenders Saúl and Rogelio free after 2 years of arbitrary detention
    Urgent Interventions / January 27, 2016
  • Ecuador:  Press Release: Manuel and Manuela innocent of charges of terrorism!
    Urgent Interventions / January 27, 2016
  • Mexico:  "In Defense of Life": Civil Observation Mission Report on the situation of Human Rights Defenders in Mexico 2015
    Reports and Publications / September 29, 2015
  • Guatemala:  “Smaller than David”: the fight of human rights defenders in Guatemala. Publication of Fact-Finding Report and Documentary Film
    Reports and Publications / February 23, 2015
  • "We are not afraid". Land Rights Defenders: attacked for confronting unbridled development
    Reports and Publications / December 2, 2014
  • Land Rights defenders: the forgotten victims of unbridled development - Publication of the 2014 Annual Report of the Observatory
    Reports and Publications / December 2, 2014

Languages

This page is available in:

English
French
Spanish


You can also translate it on the fly:

Recently Viewed Articles

OMCT International Secretariat
PO Box 21, 8, rue du Vieux-Billard, CH-1211 Geneva 8, Switzerland
Tel: + 41 22 809 4939
Fax: + 41 22 809 4929
E-mail:
OMCT Europe
Rue Franklin 111
1000 Brussels
Tel. / Fax: +32 2 218 37 19
E-mail:
OMCT TUNIS
3, Rue Hassen Ibn Nooman
Cité Jardins | Tunis 1002
Tel: +216 71 791 114
Fax: +216 71 791 115
E-mail:
  • Blog
  • Twitter
  • Facebook
  • Rss
  • Privacy Policy