SRFOE urges Guatemalan judicial authorities to act swiftly in the criminal proceedings against journalist José Rubén Zamora and requests regular reports from the State.

October 17, 2024

Washington D.C.- The Office of the Special Rapporteur for Freedom of Expression (SRFOE) of the Inter-American Commission on Human Rights (IACHR) expresses its concern over reports of delays in the criminal proceedings against journalist José Rubén Zamora, detained since July 2022, as well as his continued pre-trial detention. The Office of the Special Rapporteur urges Guatemalan judicial authorities to act swiftly, ensuring compliance with international standards on due process and freedom of expression.

José Rubén Zamora, founder and director of El Periódico, was arrested on July 29, 2022 and faces three criminal proceedings for alleged money laundering, obstruction of justice and use of forged documents. Currently, the journalist remains in preventive detention due to the second trial for obstruction of justice. According to public records, the hearing to decide whether he will stand trial in this case has been rescheduled on at least seven occasions, without a new date having been set.

On the other hand, within the framework of the criminal proceeding for alleged money laundering, it was learned that on May 15, 2024, the Ninth Criminal Sentencing Court of the Guatemalan Judicial Branch granted journalist José Rubén Zamora house arrest. In its resolution, the court emphasized that preventive imprisonment should be considered an exceptional measure, in accordance with international standards. The conditions of house arrest include the prohibition to leave the country, the obligation to sign periodically before the Public Prosecutor's Office, restrictions on communication with others involved and the payment of 30,000 Quetzals (more than US$3,800). On August 26, the Court reaffirmed this decision, following the revocation of its initial ruling by the Second Criminal Court of Appeals on June 12.

In this process, the Special Rapporteurship also learned that the Court of Appeals annulled the 6-year sentence for money laundering in October 2023, ordering a retrial. The cassation hearing, which will establish the terms of this retrial, has been postponed until September 23, 2025.

At the beginning of May 2024, this Office warned about the continued preventive detention of journalist José Rubén Zamora and asked the State for periodic reports on: (i) the reasons why the restriction of the liberty of journalist José Rubén Zamora is maintained; (ii) how the conditions of reasonableness of the term are satisfied, in accordance with Inter-American standards on the matter; (iii) the judicially established reason why there would not be a less harmful alternative to guarantee the progress of the criminal proceedings; and (iv) when a review of the preventive detention measure will be carried out and a final sentence will be issued in each of the criminal proceedings against him. The State of Guatemala provided only general information on the procedural status of the criminal cases and the charges opened against him, in addition to the conditions of his detention.

In view of the above facts, the SRFOE emphasizes that preventive deprivation of liberty, as a precautionary and non-punitive measure, should be exceptional and respect the principles of legality, presumption of innocence, necessity and proportionality in a democratic society. The IACHR has held that States must ensure that all detention is justified according to international standards and periodically review the reasons for its application, and whether the term of pretrial detention has exceeded legal or reasonable limits. Where its necessity is not established, the measure should be lifted immediately. The responsibility for ensuring periodic reviews of pretrial detention rests with the competent judicial authorities and the prosecutor's office. In addition, States should ensure that persons in pretrial detention are tried without undue delay, prioritizing the speed of criminal proceedings.

In addition, during its recent visit to Guatemala, the IACHR and its SRFOE received allegations of periods of time in which José Rubén Zamora was allegedly detained in inhumane conditions. They also alleged serious violations of due process, including the prolonged use of pretrial detention, harassment of his lawyers, restrictions on the right to defense, and unjustified postponements in his trials. In addition, in its preliminary observations to the visit, the IACHR highlighted opinion 7/2024 of the UN Working Group on Arbitrary Detention, which concluded that the detention of journalist José Rubén Zamora lacks a legal basis, is the result of his exercise of freedom of expression, does not comply with international standards of fair trial and is discriminatory on the grounds of political opinion. The Working Group determined that the appropriate remedy is to release the journalist immediately and to grant him the right to compensation and reparations under international law.

For the Special Rapporteurship, after more than 800 days deprived of liberty, the information provided by the State on the validity of the preventive detention of José Rubén Zamora is insufficient. The Special Rapporteurship has not yet received information on the reasons that justify maintaining his restriction of liberty or on the review of the measures in force. Therefore, the SRFOE asks the State to immediately schedule the respective hearings, ensuring that in them determinations are made regarding the validity of the preventive detention. It also urges the Guatemalan judicial authorities to act diligently in the criminal proceedings, ensuring compliance with international standards on due process and freedom of expression.

The Office of the Special Rapporteur for Freedom of Expression (SRFOE) is an office created by the Inter-American Commission on Human Rights (IACHR) to encourage the hemispheric defense of the right to freedom of thought and expression, considering its fundamental role in the consolidation and development of the democratic system.

No. R250/24

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