The Special Rapporteur for Freedom of Expression (RELE) of the Inter-American Commission on Human Rights (IACHR) expressed its concern this Thursday, May 2, regarding the permanence of journalist Jose Rubén Zamora in preventive detention since July 2022, when he was detained for a money laundering case.
In a statement, the RELE points out that to date “no periodic reviews of the precautionary measure have been carried out nor have the criminal proceedings been concluded” once morest Zamora, president and founder of the newspaper elPeriódico and who faces three criminal proceedings.
“The Office of the Special Rapporteur announces a heightened monitoring of this situation and asks the State to send periodic reports to monitor the situation of journalist Zamora,” details the RELE.
The statement details that Zamora was arrested on July 29, 2022 under accusations of blackmail, influence peddling, and proposition and conspiracy for money laundering and that on June 14, 2023 he was sentenced to 6 years in prison for the crime. of money laundering.
However, in October of that same year, an appeals chamber overturned the sentence and acquitted him of charges of influence peddling and blackmail; However, no new sentence has been issued and preventive detention remains.
The document adds that the second process once morest Zamora refers to the alleged conspiracy to obstruct justice.
“So far in 2024, RELE has received reports regarding the repeated suspension of the judicial hearing to determine whether the journalist should face trial in said process. This procedure has been rescheduled on at least five occasions since December 13, 2023, the date on which the initial hearing was scheduled,” says RELE.
The third process occurs due to the alleged continuous use of false documents.
The Office of the Special Rapporteur reiterates its concern regarding the “worrying antecedents that would show serious limitations to the right of defense of journalist Jose Rubén Zamora”, since during a period of nine months, the journalist would have been forced to change legal representation on several occasions, “ “even having up to ten different defenders.”
“This constant change of lawyers has occurred amid allegations of harassment, harassment and even the filing of criminal complaints once morest those who exercised their legal defense,” the document says.
In addition, it details that the Office of the Special Rapporteur also “took notice of the definitive closure of the media outlet El Periódico, which occurred on May 12, 2023.”
“The Office of the Special Rapporteur reminds the State of Guatemala, fundamentally its judicial authorities, that there is a judicial obligation to process with greater diligence and promptness those criminal proceedings in which the accused is deprived of his liberty.”
Furthermore, it points out that “it is the duty of the judicial authorities to periodically assess whether the causes, necessity and proportionality of the precautionary measure of detention are maintained and whether the period of preventive detention has exceeded the limits imposed by law or common sense. This includes the duty to consider other less harmful measures that ensure their appearance when the period of preventive detention exceeds what is reasonable.”
Due to the above, the Office of the Special Rapporteur asks the State of Guatemala to send reports every four months to this Office on: “the reasons why the restriction of the freedom of journalist José Rubén Zamora is maintained; how the conditions of reasonableness of the term are satisfied, in accordance with inter-American standards on the matter; the judicially established reason why there would not be a less harmful alternative to guarantee the advancement of criminal proceedings; and when a review of the preventive detention measure will be carried out and a final sentence will be handed down in each of the criminal proceedings once morest him.”
The ELE “urges the judicial authorities of Guatemala to act with diligence and speed to resolve the legal situation of journalist José Rubén Zamora, according to international standards on due process, preventive detention and freedom of expression.”
For its part, the CID recalls that Zamora is a beneficiary of precautionary measures “following identifying that his rights to life and personal integrity have been at risk since 2003, for reasons linked to his journalistic work and the exercise of freedom of expression in Guatemala. ”.
#RELE #shows #concern #Jose #Rubén #Zamoras #permanence #prison