Human Rights First to Guatemalan President: Action Needed to Protect Freedom of Speech

Rights Group Asks President to Focus on Case of Bruce Harris

January 15, 2004

Human Rights First today sent a letter to the new Guatemalan President, Oscar Berger, urging him to ensure the right to freedom of expression. The letter focused attention on the case of Bruce Harris, Latin America Programs Director of the children’s rights organization Casa Alianza. Harris was charged with criminal defamation in 1997, and is due to go on trial in Guatemala City on January 22. Neil Hicks, Director of Human Rights First’s Human Rights Defenders Program, described the charges against Harris as constituting “a violation of his fundamental right to freedom of expression and as a form of persecution against those who promote human rights in Guatemala.”

Harris is being prosecuted for criminal defamation on the complaint of Ms. Susana Maria Luarca Saracho de Umaña and, if convicted, may be sentenced to five years imprisonment. The complaint is based on statements made by Harris at a 1997 press conference given jointly by Casa Alianza and the Guatemalan Solicitor General’s office. This press conference was organized to announce the results of an investigation conducted by Casa Alianza and the Solicitor General’s office into the trafficking of children through Guatemala. During the conference, Mr. Harris is said to have alleged that Ms. Umaña had used “undue influence” with the government authorities in facilitating international adoptions. Ms. Umaña was among several other lawyers named in criminal accusations related to child trafficking filed after the joint investigation. In 1999, Guatemala’s Constitutional Court ruled that only journalists are entitled to freedom of expression and Mr. Harris should be prosecuted in the criminal courts.

In its letter to President Berger, Human Rights First states that the 1999 ruling of the Constitutional Court is overly restrictive and contravenes international human rights law. It further argues that criminal sanctions for defamation may be excessive and that the defense of truth should be available to answer a defamation charge. The letter further describes Bruce Harris’ important work with Casa Alianza and demands that all human rights defenders must be permitted to operate without obstruction or fear of retaliation, as required by the 1998 UN Declaration on Human Rights Defenders.

“Human rights defenders in Guatemala face serious persecution by powerful individuals and groups who feel threatened by their work, on a daily basis,” commented Hicks. “These charges against Bruce Harris are simply one form of such persecution and the new Guatemalan president should recognize this and take action to ensure that all human rights defenders are able to express themselves freely and to continue their vital work without fear of violence, threats or spurious criminal charges.”

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Read the full text of Human Rights First's letter

Read Human Rights First's letter to former President Portillo, August 2002