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GUATEMALA: INTERPOL refuses Guatemalan Public Prosecutor’s Office activation of Red Notice for arrest of lawyer Ramón Cadena
7 November 2024
On 17 July 2024, the Observatory expressed its concern about the risk of the arrest of lawyer Ramón Cadena, due to Guatemalan Prosecutor’s Office having asked INTERPOL to activate Red Notices against him.
Recently, INTERPOL ruled that the Guatemalan Public Prosecutor’s Office should refrain from requesting Red Notices for refugees or human rights defenders, as in the case of lawyer Ramón Cadena, who was unjustly charged for the legitimate exercise of his profession. [1]
The Observatory welcomes INTERPOL’s decision and demands an end to all criminalisation and prosecution of lawyer Ramón Cadena and the rest of the Guatemalan legal profession.
The Observatory calls on the Guatemalan authorities to comply with protective measure 661-16 of the IACHR and to guarantee the right of lawyer Ramón Cadena to a dignified and safe return to Guatemala, and to practise his profession without intimidation.
The Observatory reiterates its firm condemnation of the persistent harassment by the Guatemalan prosecutor’s office of lawyers involved in the defence of human rights in Guatemala.
“Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.” (Principle 17)
[1] See the OIAD’s alert of 17 July 2024 for more details.
GUATEMALA: New attempt to criminalise Guatemalan lawyer Ramón Cadena
17 July, 2024
Ramón Cadena is a Guatemalan lawyer renowned for his outstanding career in the protection of human rights. He has been repeatedly subjected to serious attempts at intimidation and criminalisation, and is currently the victim of an arrest warrant issued by the Guatemalan prosecutor’s board, which has sought the activation of Red Notices with INTERPOL.
Ramón Cadena is a well-known human rights lawyer in Guatemala. He has defended major cases on the rights of local communities, the fight against corruption and the genocide of the Ixil people during the armed conflict in Guatemala. He has suffered constant persecution in the exercise of his profession.
Mr Cadena was also prosecuted for taking part in providing ad honorem legal advice to students, teachers and administrative staff at the University of San Carlos de Guatemala (USAC), as part of the “Digna Resistencia” movement.[1]
The lawyer also took part in the press conference organised at USAC for the peaceful return of the campus facilities by the students. Several media outlets, the general public and human rights lawyers, including Ramón Cadena, attended the event to support the defence of the students’ rights.
On 14 November 2023, agents of the National Civil Police (PNC) and the Public Prosecutor’s Office (MP) searched his home in an operation authorised by Judge Victor Manuel Cruz Rivera, who is on the list of corrupt actors in the United States. In addition to the search, a warrant was issued for his arrest for the alleged offences of continued aggravated usurpation, continued depredation of cultural property, continued sedition and unlawful association.
These intimidations took place in the context of a vast operation of searches and arrest warrants against certain members of the “Digna Resistencia” movement, which the lawyer advised. Ramón Cadena claims that this is yet another pretext his persecution because of his role as a human rights lawyer, since the only evidence presented in the proceedings is a video showing Mr Cadena walking around the USAC offices.
This is not the first time that a lawyer has been the victim of unfounded criminal persecution related to the exercise of his profession. In January 2016, lawyers Ramón Cadena, Miguel Moerth and Rafael Maldonado were charged with serious crimes for defending communities affected by a mining project in the “Resistencia la Puya” case. After a two-year investigation, the case was closed due to a lack of evidence.
Since then, there have been a series of episodes of risk related to his profession: a break-in and theft of his computer from his home in August 2016, stigmatisation campaigns and threats, as well as attempts to criminalise him. Recognising his situation of risk, on 20 October 2016 the Inter-American Commission on Human Rights (IACHR) granted precautionary measure 661-16 to lawyer Ramón Cadena, which has been updated and remains in force today.[2]
Lawyer Ramón Cadena has had to flee the country temporarily due to the threat to his life and integrity. The risk of Ramón Cadena’s arrest is currently a cause for concern, given that the Guatemalan Public Prosecutor’s Office has requested that INTERPOL activate Red Notices for him on 16 June 2024.
The persecution of lawyer Ramón Cadena takes place against a backdrop of serious deterioration in the rule of law in Guatemala, identifying a pattern of systematic persecution by the Public Prosecutor’s Office against lawyers, prosecutors and people involved in the fight against corruption and the defence of human rights [3].
The Observatory maintains its firm condemnation of the persistent harassment of Guatemalan lawyers engaged in the defence of human rights.
The Observatory demands an end to all criminalisation and criminal proceedings against the lawyer Ramón Cadena and the rest of the Guatemalan legal profession.
The Observatory calls on the Guatemalan authorities to comply with protective measure 661-16 of the IACHR and to guarantee that the lawyer Ramón Cadena can exercise his profession without intimidation.
The Observatory recalls that, in accordance with the fundamental principles of the United Nations concerning the role of the Bar, in particular:
“Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.” (Principle 16)
“Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.” (Principle 17)
“Lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions.” (Principle 18)
« Les avocats, comme tous les autres citoyens, doivent jouir de la liberté d’expression, de croyance, d’association et de réunion. En particulier, ils ont le droit de prendre part à des discussions publiques portant sur le droit, l’administration de la justice et la promotion et la protection des droits de l’homme et d’adhérer à des organisations locales, nationales ou internationales ». (Principe 23)
“Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations (…)” (Principle 23)
[1] The “Digna Resistencia” of the University of San Carlos de Guatemala (USAC) was created following a series of attacks and violent acts on campus against students, teachers, university authorities and workers, in retaliation for student protests and demonstrations denouncing fraud in the election of the current rector Walter Ramiro Mazariego Biolis. USAC’s student, teaching and administrative movement declared itself to be in “dignified resistance”, with the students taking control of the facilities of the various branches of the university.
[2] Inter-American Commission on Human Rights. Precautionary measure 661-16. Available at the following address https://www.oas.org/es/cidh/decisiones/pdf/2016/mc661-16-es.pdf
[3] Amnesty International report, May 2024 : “Todo el sistema en contra, criminalización de mujeres operadoras de justicia y defensoras de derechos humanos en Guatemala”
Inter-American Commission on Human Rights. Extract from the 2023 Annual Report: Chapter IV.B: Guatemala: “(…) there is a strategy whereby spurious complaints are lodged, preliminary proceedings are requested and unfounded arrest warrants are issued, investigations are declared under reserve until the persons are detained or go into exile”.