relation to the use of the radio spectrum without a license. 89
58.
In this regard, on June 28, 2006, the Public Prosecutor’s Office asked the trial judge of
first instance for criminal matters, drug trafficking and environmental crimes of the department
of Sacatepéquez, to authorize a raid, inspection, search and seizure of evidence at Radio Ixchel,
operated by the Maya Kaqchikel indigenous people of Sumpango. 90
59.
Once again, on July 7, 2006, Radio Ixchel was raided by the Prosecutor for Crimes
against Trade Unionists and Journalists, a unit of the Public Prosecutor’s Office. During the raid,
which involved a search and inspection of the premises, the station’s broadcasting equipment
was seized, despite the fact that the search warrant did not authorize the confiscation of
property. 91 As a result, legal proceedings were initiated against Anselmo Xunic Cabrera, a
member of the Kaqchikel community who at that time was the voluntary coordinator of the
radio station. He appeared before the trial court for criminal matters, drug-trafficking and
environmental crimes of the department of Sacatepéquez, for the alleged crime of theft, by
virtue of the unlicensed operation of a community radio station. In August 2007, the judge of
first instance determined “a lack of merit against the accused, given the absence of rational
elements linking [him] to the process.” 92
60.
As a result of the raid, Radio Ixchel suspended its broadcasts for seven months and the
community had to raise funds to purchase new equipment so that it could broadcast again. In
addition, community members were reluctant to participate in the radio for fear of being
arrested. 93
61.
On May 8, 2012, the National Police and the Public Prosecutor’s Office carried out a raid
on Uqul Tinamit “La Voz del Pueblo,” a community radio station operated by the Maya Achí
indigenous people, in the municipality of San Miguel Chicaj, in Baja Verapaz. This action
resulted in the confiscation of the transmitter, a computer and the sound editor. During the
raid, one of Uqul Tinamit’s volunteer workers, Bryan Cristofer Espinoza lxpata, was arrested. 94
On January 15, 2013, he was convicted and declared “responsible for the crime of theft, for
the illegal use of the 106.3 MHz radio frequency in the municipality of San Miguel Chicaj,
department of Baja Verapaz, by Radio La Voz del Pueblo.” 95 Subsequently, on April 20, 2016,
17, 2021 (evidence file, folio 1511); Committee to Protect Journalists. “Police raid Aya Xyaab’ Tzuultaq’a radio station
in eastern Guatemala”, September 30, 2019. Available at: https://cpj.org/x/7f57; affidavit rendered by Raúl Tacaj Xol
on May 1, 2021 (evidence file, folio 1530); search warrant issued by the trial judge for criminal matters, drug trafficking
and crimes against the environment. Criminal Case No. 653-2006 of July 6, 2006 (evidence file, folio 928); OAS, InterAmerican Commission on Human Rights. Report on the situation of Human Rights in Guatemala. OAS/Ser.L/V/II. Doc.
43/15,
December
31,
2015,
paras.
302
ff.
Available
at:
http://www.oas.org/eng/iachr/reports/pdfs/Guatemala2016.eng.pdf; OAS, Inter-American Commission of Human
Rights. Report on the situation of Human Rights in Guatemala”. OAS/Ser.L/V/II. Doc. 208/17, supra, paras. 293 ff.
Available at: http://www.oas.org/eng/iachr/reports/pdfs/Guatemala2017-eng.pdf, and affidavit rendered by Rudy
Estuardo Santos, supra (evidence file, folio 1493).
89
Cf. Affidavit rendered by Rudy Estuardo Santos, supra (evidence file, folio 1493).
90
Cf. Memo of the Office of the Human Rights Prosecutor, AGE3, Journalists and Trade Unionists Unit of the
Public Prosecutor's Office, file MP-001-2006-45814, of June 28, 2006 (evidence file, folios 1293 to 1299).
91
Cf. Search warrant issued by the trial judge for criminal matters, drug-trafficking and environmental crimes,
criminal case No. 653-2006, of July 6, 2006 (evidence file, folios 928 to 932).
92
Cf. Ruling by the trial judge for criminal matters, drug-trafficking and environmental crimes declaring a lack
of merit against Anselmo Xunic Cabrera, criminal case 653-2007, of August 20, 2007 (evidence file, folios 934 to 938).
93
Cf. Statement rendered by Anselmo Xunic, supra.
94
Cf. Official letter of the Office of the Prosecutor for Crimes Involving the Unlawful Use of Radio Frequencies of
the Public Prosecution Service of February 14, 2020 (evidence file, folio 1337); Cultural Survival. “Uqual Tinamit
community
radio
station
raided
by
the
Guatemalan
police.”
May
8,
2012.
Available
at
http://www.culturalsurvival.org/news/uqul-tinamit-community-radio-station-raided-guatemalan-police.
95
Cf. Official letter of the Office of the Prosecutor for Crimes Involving the Unlawful Use of Radio Frequencies of
the Public Prosecutor’s Office of February 14, 2020, (evidence file, folio 1337).
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