This report analyzes how criminal law has been used in recent years to intervene in land disputes in Guatemala, with significant impacts on Indigenous communities. Based on a study of the legal framework, institutional policies, and various documented cases, it identifies the arbitrary and recurring use of the crimes of trespass and aggravated trespass by the Public Prosecutor’s Office (MP) to address territorial disputes that, by their nature, should primarily be handled through civil or agrarian channels.
The report documents a significant increase in eviction requests promoted by the MP in recent years, as well as institutional practices that disregard Indigenous communities’ rights to their territories and violate due process guarantees and several international human rights standards. It highlights that the MP’s actions take place within a broader context of institutional weakening and the progressive co-optation of Guatemala’s justice system by corruption networks.
Finally, the report offers recommendations to different state institutions, including the MP and the judiciary, as well as to the international community and the Nominating Commission responsible for compiling the list of candidates for Attorney General, a process that will take place in the coming months in Guatemala. Once the new Attorney General is appointed, the report proposes key measures to restore institutional independence, review irregular criminal prosecution practices, and ensure respect for the territorial rights of Indigenous peoples in the country.
