Guatemala: Prosecutor’s Attempt to Criminally Charge elPeriódico Journalists Fails
Guatemalan Court rules in favor of press freedom, dismisses elPeriódico case
Location: Guatemala, Guatemala City
Date: January 8, 2024
The Coalition For Women In Journalism and Women Press Freedom welcomes the recent decision of the Fifth Criminal Court in Guatemala, which has effectively halted the criminal prosecution of journalists from elPeriódico. This ruling, which redirects the case from a criminal context to a Printing Court, is in line with constitutional norms and represents a significant triumph for press freedom. We express deep concern, however, regarding the initial attempt by the Special Prosecutor's Office Against Impunity (FECI) to impose criminal charges on these journalists, who were diligently reporting on the plight of their newspaper's incarcerated founder, José Rubén Zamora. This episode starkly illustrates the ongoing challenges and harassment faced by elPeriódico's staff in their pursuit of critical and honest journalism, particularly against governmental corruption.
The Special Prosecutor's Office Against Impunity (FECI) accused eight journalists of the shuttered elPeriódico of obstructing justice through their reporting on the case of the outlet’s unjustly detained founder José Rubén Zamora. The accused include Julia Corado, former Director of elPeriódico; Gerson Ortiz, former Chief of Information; Christian Velix, Alexander Valdez, Rony Ríos, and Denis Aguilar, all reporters, along with columnists Gonzalo Marroquín and Edgar Gutiérrez.
The journalists and columnists were alleged to have conducted a "disinformation campaign," leading to charges of obstruction of justice.
On January 8, 2024, the Fifth Criminal Court delivered a decisive blow to FECI by ruling that the case would not proceed as a criminal proceeding. Instead, it mandated that the matter be heard by a Printing Court, as stipulated by the country's Constitution. The defense team successfully argued that FECI had overstepped constitutional guarantees by resorting to criminal law to settle disputes arising from media publications. The FECI’s request to annul this decision was rejected by an appeals court on March 18, 2024.
This ruling does not stop the Public Ministry from continuing its investigation. However, it establishes a distinct procedure involving a jury trial to ascertain the responsibility of each publication. The decision is a significant victory for press freedom, reaffirming the importance of constitutional guarantees in protecting journalists from unwarranted legal action.
The investigative outlet ElPeriódico shut down in May 2023 due to government persecution. The publication, known for exposing government corruption, cited intensified harassment and pressure on advertisers as reasons for ceasing operations. The founder of the outlet, Jose Ruben Zamora has been in detention since 2022. Despite a Guatemalan appeals court overturning his initial six-year prison sentence for money laundering, Zamora's legal challenges persist, with a new trial date ordered by the court. Zamora contends that these charges are orchestrated attempts by former President Alejandro Giammattei and Attorney General Consuelo Porras to silence him for exposing government corruption through his newspaper.
The Coalition For Women In Journalism and Women Press Freedom heartily welcomes the Fifth Criminal Court's decision. Yet, we remain acutely aware that this is but a single step in a broader struggle for press freedom in Guatemala. The ongoing legal battles faced by José Rubén Zamora and the targeted harassment of journalists represent a continuing threat to free expression and democratic accountability. In solidarity, we call for the immediate release of José Rubén Zamora and urge the Guatemalan authorities to respect press freedom, ensure a fair and impartial trial for Zamora, and cease the targeted harassment of journalists. The right to report freely is not just a journalistic prerogative; it is a cornerstone of a healthy, transparent, and just society.
The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help women career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.
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