Silencing the 'Guapinol Eight': abuse of the Honduran criminal justice system to unjustly criminalise and punish human rights defenders

This paper discusses the plight of the 'Guapinol Eight,' a group of men who were arrested, detained, and convicted by a Honduran court after defending their right to access clean water. Our analysis is situated within a broader doctrinal conversation on the gaps in the conceptual and theor...

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Bibliographic Details
Published in:The international journal of human rights 2024-07, Vol.28 (6), p.995-1016
Main Authors: Middleton IV, Richard, Sullivan, Lauren
Format: Article
Language:English
Subjects:
Activism
Administrative law
Berta Cáceres
Closely held corporations
Courts
Criminal justice
Criminal justice system
Criminalization
declaration of human rights defenders
Detention
Effectiveness
Garifuna
Guapinol Eight
Honduras
Human rights
human rights defenders
International law
Judicial system
Litigation
Murder
Murders & murder attempts
Oppression
Risk taking
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Summary:This paper discusses the plight of the 'Guapinol Eight,' a group of men who were arrested, detained, and convicted by a Honduran court after defending their right to access clean water. Our analysis is situated within a broader doctrinal conversation on the gaps in the conceptual and theoretical underpinnings of human rights defenders. In particular, we highlight the (lack of) effectiveness of protection mechanisms, the complex connections between activism, repression of activism and risk taking, and the usage of legal and administrative mechanisms for repression of human rights defenders. We find that the Honduran criminal justice system largely fails to protect those who speak up against unfair criminal charges, detention, and convictions, while at the same time fails to condemn private companies or individuals who retaliate against the work of human rights defenders with lawsuits, violence, or murder. In the conclusion of this paper, recommendations are made as to steps the Honduran government can take to redress past wrongs and introduce standards that comply with domestic and international law before a chilling effect ameliorates the voice of human rights in Honduras in the years to come.
ISSN:1364-2987
1744-053X
DOI:10.1080/13642987.2024.2337079