Illegal detention of Guatemalan human rights defenders Mauro Vay, Blanca Ajtum and Mariano Garcia

  • by: sophie baumgartner
  • recipient: Board members of the firm Actis, owner of the Guatemalan company ENERGUATE

With this petition we would like to express our deep concern about the illegal detention of three leaders of the organization CODECA Mauro Vay, Blanca Ajtum and Mariano García which occurred on the 26th of June 2014. CODECA (Committee for Rural Development) is an important Guatemalan NGO working especially in the field of promoting and protecting the labour rights of agricultural workers on the Guatemalan estates.

After being held captive by five individuals from Chiantla, in the department of Huehuetenango, the National Police of Guatemala arrived to free the three detained social leaders. Nonetheless, a lawyer from ENERGUATE showed up on the scene and accused them of allegedly committing various criminal acts against the company. A representative from the Public Prosecutor’s Office and ENERGUATE’s lawyer convinced a local judge to order preventive detention of the three members of CODECA and accuse them of acts against state security as well as fraud. The local judge proceeded to remand the three members of CODECA into custody, with the possibility of bail being granted only against the payment of 1 million Quetzales (roughly 125.000 USD) per person.

We are totally convinced of the full integrity of CODECA and of it’s local and national leaders. Of course their demand for a re-nationalization of the whole energy supply sector in Guatemala can be perceived as a financial threat by the companies that have taken over the energy supply from the Guatemalan state and turned it into a highly profitable business. Nevertheless, we believe that the right to express one’s opinion in public is a fundamental human right and must be protected all over the world, whether national politicians and private enterprises like it or not.

ENERGUATE is part of the company Actis since 2012 and we find it important to indicate that the actions of ENERGUATE against CODECA completely contradict the principles of Actis as outlined on its homepage.

Concerning: Kidnapping and illegal detention of Mauro Vay, Blanca Ajtum and Mariano García on 26th of June 2014 in Chiantla, Huhuetenango, Guatemala



Dear Sir or Madam,


I am writing to you as an Austrian citizen interested in the protection and advancement of human rights in Guatemala. Recently I had the opportunity to learn about the important work CODECA (Comité de Desarrollo Campesino – the Committee for Rural Development) is doing, especially in the field of promoting and protecting the labour rights of agricultural workers on the Guatemalan estates where the exploitation through landlords and the violation of rights is a frequent occurrence. Since I appreciate CODECA’s work, I was deeply concerned when I received information about the detention of three leaders of this organization which occurred only a few days ago.


With the present letter I want to express my profound repudiation of the illegal detention of Mauro Vay (co-founder of CODECA), Blanca Ajtum and Mariano García on 26th of June 2014. The three persons are leaders of CODECA and thus should be considered as active defenders of human and labour rights in Guatemala. After being held captive by five individuals from Chiantla, in the department of Huehuetenango, the National Police of Guatemala arrived to free the detained social leaders. Nonetheless, a lawyer from ENERGUATE showed up on the scene and accused them of allegedly committing various criminal acts against the company. A representative from the Public Prosecutor’s Office and ENERGUATE’s lawyer convinced a local judge to order preventive detention of the three members of CODECA and accuse them of acts against state security as well as fraud. The local judge proceeded to remand the three members of CODECA into custody, with the possibility of bail being granted only against the payment of 1 million Quetzales (roughly 125.000 USD) per person.


I am totally convinced of the full integrity of CODECA and of it’s local and national leaders. Of course their demand for a re-nationalization of the whole energy supply sector in Guatemala can be perceived as a financial threat by the companies that have taken over the energy supply from the Guatemalan state and turned it into a highly profitable business. Nevertheless, I believe that the right to express one’s opinion in public is a fundamental human right and must be protected all over the world, whether national politicians and private enterprises like it or not.


I find it even more problematic that the detention itself was carried out by plain clothes individuals and not by the national authorities, hence I consider the detention itself as a form of kidnapping. I am also deeply concerned about the obvious complicity of ENERGUATE’s lawyer with the kidnappers from Chiantla and the reaction of the National Policemen, who instead of prosecuting the kidnappers and freeing the three CODECA leaders, arrested them and took them to the local police station.


According to my information on Actis, ENERGUATE is part of your company since 2012 and I find it important to indicate that the actions of ENERGUATE against CODECA completely contradict the principles of Actis as outlined on your homepage. Among these principles you mention high ethical standards such as responsible investment, which should ensure that the societies of the countries which are targeted by your investments are benefited by them. You even state that your approach would transcend the old slogan of ‘doing no harm’ and affirm that Actis is instead actively looking for opportunities to have a broader positive impact.



Due to all the above mentioned reasons I would kindly request you to:


- initiate an immediate, internal investigation into why ENERGUATE has acted in the described manner against leaders of civil society organisations in Guatemala, such as the members of CODECA


- drop the groundless accusations against Mauro Vay, Blanca Ajtum and Mariano García, so that they can be immediately released and no further harm is done.


- reconsider, up to what extent strategies such as those used in the case of the illegal detention in Chiantla, Guatemala, is commensurable with your understandings of having a positive impact and “doing good”.



I thank you for your attention to the present letter and I am confident that you will take the necessary steps, so that ENERGUATE will in future stay in line with the high standards your company outlines.


Kind regards,

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