Guatemala: José Rubén Zamora Marroquín must be immediately and unconditionally released
José Rubén Zamora Marroquín. Credit: elPeriódico. 2019
Update: 19 February 2024
On February 21, Zamora Marroquín is scheduled to appear in court in Guatemala, with the trial originally set for February 5. PEN International, represented by Karla Olascoaga, President of PEN Guatemala, will be in the court room to report on the trial’s progress.
A report published in February 2024 by the Clooney Foundation, found numerous breaches of international and regional fair trial standards. It concluded that Zamora's prosecution and conviction "appear to be in retaliation for his work as an investigative journalist reporting on government corruption".
The detention and charges against Zamora should never have occurred. It is the duty of the judicial system to ensure unrestricted access to justice. If a retrial occurs, it must be conducted following international standards of due process and fair trial.
PEN International calls on the Guatemalan authorities to release Zamora Marroquín immediately, drop all charges, and provide adequate reparation for the violations of his human rights.
Update: 14 October 2023
PEN International welcomes the overturning of the conviction of José Rubén Zamora Marroquín for money laundering. The decision, made by the Second Appeals Chamber, also orders a retrial of the journalist.
PEN International renews its call on the Guatemalan authorities to end legal and judicial harassment of journalists, to allow them to work freely and without threat, and to ensure due process in all judicial proceedings.
Update: 22 June 2023
José Rubén Zamora Marroquín sentenced to 6 years in prison
On 15 June 2023, José Rubén Zamora Marroquín was sentenced to six years in prison and fined 300,000 Quetzales (approximately 38,000 USD) for money laundering. The court ruled that the evidence presented by the Special Prosecutor's Office against Impunity did not establish additional charges of "blackmail" and "influence peddling". The following day, the Public Prosecutor's Office requested a new legal case against him, alleging improper signing of immigration documents to enter and leave the country, however the request was dismissed on 19 June.
The verdict comes amid a hostile climate for critical journalism in Guatemala, as evidenced by the Public Prosecutor's Office initiating on 5 June an investigation into articles published by eight journalists of elPeriódico since 22 July 2022.
PEN International condemns the sentencing of Zamora Marroquín and the closure of elPeriódico, and considers these acts as a deliberate tactic used by the Guatemalan government to criminalise and silence the independent press. The organisation calls on the Guatemalan authorities to immediately and unconditionally release Zamora Marroquín, to put an end to the legal and judicial harassment of journalists in Guatemala, allowing them to work freely and without threat, and to ensure due process guarantees in all legal proceedings.
05 June: The trial against journalist José Rubén Zamora Marroquín, and the prosecutor's pursuit of the most severe prison sentence against him, stand as a clear attack on freedom of expression in Guatemala, said PEN International today.
On 30 May, in the middle of the trial brought against José Rubén Zamora Marroquín, Prosecutor Cinthia Monterroso of the Guatemalan Special Prosecutor's Office against Impunity (FECI), requested the maximum sentence provided by law: 20 years for money laundering, 12 years for influence peddling, and eight years for extortion, with aggravating circumstances including "contempt for authority". PEN International considers Zamora to be subject to a frivolous prosecution as a result of his investigative journalism and reports of corruption by Guatemala’s President Alejandro Giammattei, Attorney General Consuelo Porras, and the head of FECI Rafael Curruchiche. Less than one month since the trial began on 2 May, a new complaint was filed against Zamora for influence peddling. Throughout the trial, Zamora has been prevented from providing evidence in his defence, and has had to change lawyers on more than four occasions due to allegations made against his defenders.
PEN International condemns the prosecutor's demand for the harshest possible prison sentence against journalist José Rubén Zamora Marroquín. The relentless campaign of criminal harassment he endures stands as a chilling testament to the grave erosion of press freedom in Guatemala. It is imperative that Zamora be granted immediate and unconditional release. These unjust actions demand our urgent attention and outcry, said Ma Thida, Chair of PEN International Writers in Prison Committee.
PEN Guatemala, once again, demands an end to the judicial harassment against Zamora Marroquín. The trial is unsubstantiated and is part of a campaign of persecution, criminalisation and censorship targeting critical journalists. The government seeks to establish an informational bias and annihilate one of the pillars of democracy, freedom of expression. Its actions are an obvious throwback to the years of terror that caused numerous human losses to the journalistic profession in Guatemala, said Karla Olascoaga, President of PEN Guatemala.
Background
José Rubén Zamora Marroquín is a renowned Guatemalan journalist, founder and director of elPeriódico and one of the most outspoken critics of the Guatemalan government headed by President Alejandro Giammattei. Along with his colleagues at elPeriódico, Zamora has focused on investigating and exposing corruption in the public administration and the private sector. The newspaper elPeriódico ceased operations on 15 May due to the economic pressures caused by the journalist's imprisonment in July 2022.
On 29 July 2022, Zamora was arrested at his home and brought to jail by the National Civil Police. On the same day his bank accounts were frozen. On 30 July, the headquarters of elPeriódico were occupied by officers of the Public Prosecutor's Office and the National Civil Police, who isolated the newspaper's employees, preventing them from leaving the building. Zamora’s arrest came five days after strong accusations of corruption against several present and past government officials were published in a Sunday edition of elPeriódico.
In October 2021, Zamora accused President Giammattei and Attorney General Consuelo Porras of fabricating a case in order to imprison and silence him. In September 2021, Porras was sanctioned by the United States on charges of obstruction of justice in Guatemala. Acts of corruption were also revealed in investigations by Zamora throughout various presidential administrations.
Zamora is the beneficiary of precautionary measures issued by the Inter America Commission on Human Rights since 2003, upon recognition of the risks he faces in relation to his work as journalist.
PEN International urges the Guatemalan authorities to immediately and unconditionally release José Rubén Zamora Marroquín, and to end the legal and judicial harassment of journalists in Guatemala, allowing them to work freely and protect them from violence or intimidation.