IACHR Grants Precautionary Measures in Favor of Rights Defender Gustavo Yaxón and His Family in Guatemala

August 6, 2024

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) issued Resolution 44/2024 on August 2, 2024, to grant precautionary measures in favor of Gustavo Yaxón Meletz and his family in Guatemala, in the belief that they face a serious, urgent risk of suffering irreparable harm to their rights to life and personal integrity.

The request for these precautionary measures alleged that Gustavo Yaxón Meletz, a leader of the Committee for Peasant Unity (Comité de Unidad Campesina, CUC) and a representative of the El Tablón Community Development Council in the municipality of Sololá, suffered an armed attack on June 5, 2024. This attack allegedly caused serious wounds and, later, death to his father, Marcelo Yaxón Pablo, and to lawyer José Domingo Montejo.

The request for these precautionary measures noted that the current protection measures implemented by the National Civil Police (PNC) in favor of the proposed beneficiary are insufficient.

The party who requested these precautionary measures further noted that the attack of June 5 may have been linked to the work done by Yaxón Meletz in defense of human rights and stressed the serious risks faced by the defender himself and by his family, since he is the only witness of that attack. The party who requested these precautionary measures expressed its concern about the lack of progress made by the public prosecutor's office in its investigation of these events.

The State of Guatemala said that, since June 7, 2024, the PNC has permanently secured a perimeter around Yaxón Meletz and his family. According to the State, these measures have proved effective, since no new incidents or threats have been reported.

The State assessed the attack of June 5 according to its own criteria and concluded that this was an isolated event. The State confirmed the implementation of an appropriate security detail to prevent similar scenarios in the future. Finally, the State acknowledged the important work done by human rights defenders and deplored the attack.

The Commission welcomed the measures taken by the State, particularly those aimed at securing the proposed beneficiary's perimeter since June 7, 2024. However, the IACHR warned that the presence of two police officers in a building where several families live might be insufficient to guarantee adequate protection, given the seriousness of the attack and the fact that its perpetrators and masterminds were yet to be identified.

The Commission stressed the need to conduct an updated risk assessment to adjust any protection measures and to ensure the safety of Gustavo Yaxón Meletz and his family.

Consequently, in keeping with Article 25 of its Rules of Procedure, the IACHR asked the State of Guatemala to take the following action:

1. Adopt any measures necessary to protect the rights to life and personal integrity of Gustavo Yaxón Meletz and his family
2. Take any measures necessary to enable Gustavo Yaxón Meletz to do his work as a human rights defender without being subjected to threats, intimidation, harassment, or any other acts of violence for doing this work
3. Come to an agreement with the beneficiaries and their representatives concerning any measures that need to be taken
4. Report on any actions adopted to investigate the events that gave rise to the adoption of these precautionary measures, in order to prevent such events from happening again in the future

The fact that these precautionary measures have been granted and their adoption by the State do not entail a prejudgment on a potential petition that may be filed before the inter-American system to allege violations of rights protected by the applicable instruments.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 176/24

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