Guatemala: Journalist Jose Rubén Zamora to be Released from Prison
After over 800 days in prison, journalist Jose Rubén Zamora is being released to house arrest, following a court ruling.
Jose Rubén Zamora is a 67-year-old Guatemalan citizen, award-winning journalist and founder of the newspaper elPeríodico. Mr Zamora made his and his newspaper’s name by exposing corruption amongst Guatemala’s ruling classes. He has faced prosecutorial and judicial harassment as a result, for many decades, and he has been imprisoned continuously for over two years, since 29th July 2022.
On Friday 18th October 2024, Judge Erick García Alvarado ruled that Mr Zamora’s time in prison had exceeded the limits established by law & his release is necessary “for human rights reasons.” He will be released on house arrest; will be required to appear before authorities every eight days; and cannot leave the country without judicial authorisation.
Response to Mr Zamora's Release on House Arrest
Speaking today, Mr Zamora’s son, Mr Jose Carlos Zamora, stated:
"This weekend, after over 800 days of arbitrary detention, my father, journalist Jose Rubén Zamora, regained his freedom. At last, he can defend himself as he always should have—free from a baseless and abusive process.
We are delighted by this long-awaited moment and deeply grateful for the support and solidarity that sustained us. There is still a long road ahead, but this marks a victory for my father, our family, and freedom of the press in Guatemala."
Ms Caoilfhionn Gallagher KC, international counsel for Mr Zamora and his son, added:
“No journalist should spend a single day in prison for doing their job. And yet, my brave client, journalist Jose Rubén Zamora, has spent two years in prison as retaliation for his ground-breaking and fearless journalism. And for two years he has endured horrific, inhumane treatment in prison, including prolonged solitary confinement, sleep deprivation, and sadistic humiliation rituals.
This weekend, Mr Zamora will finally be released. But he is not yet free. His release is conditional, and he continues to face spurious charges with the risk of a return to prison hanging over him. The Guatemalan authorities must now drop the charges and bring an end to this cruel persecution of Mr Zamora, for doing his job."
Background
Mr Zamora has been imprisoned since his arrest in July 2022. He has been targeted with multiple spurious criminal charges, resulting in three separate criminal proceedings. On 14th June 2023 he was convicted and sentenced to six years’ imprisonment for money laundering; and he was acquitted of blackmail and influence peddling charges. His conviction followed a trial which was plagued with irregularities and which had numerous violations of Mr Zamora’s right to due process and a fair trial, including by the rejection by the judge of the admission of exculpatory witness evidence crucial to the defence.
In October 2023, the Appeals Court annulled both his conviction (for money laundering) and his acquittals (for blackmail and influence peddling). The case was sent back to the High Court for trial, to begin after the evidentiary stage in proceedings. This means that original orders regarding the admission of evidence, excluding exculpatory evidence, will remain in place. Although scheduled for retrial in February 2024, the case has been plagued by delays.
Mr Zamora’s release on conditional bail was ordered by Guatemala’s Ninth Criminal Court on 15th May 2024, but that decision was subsequently overturned. On Monday 26th August 2024, the Ninth Sentencing Court reinstated the decision, finding that Mr Zamora’s “pretrial detention is not reasonably necessary.” However Mr Zamora remained in prison whilst awaiting a decision to determine his application for bail in two other sets of proceedings, with no hearing dates listed for months. The ruling of Friday 18th October 2024 finally means that Mr Zamora will be released on conditional bail, awaiting his retrial.
Mr Zamora has endured horrendous conditions whilst imprisoned. In July 2024, an Urgent Appeal was filed with the UN Special Rapporteur on Torture, Dr Alice Edwards, by international counsel Caoilfhionn Gallagher KC and Tatyana Eatwell. It documented multiple ways in which Mr Zamora has been subjected to torture or other inhuman or degrading treatment whilst imprisoned at Mariscal Zavala military barracks on the edge of Guatemala City, and raised serious concerns for his physical health and psychological well-being. The Urgent Appeal was accompanied by an expert report prepared by independent expert Dr Carlos Martín Beristain, applying the Istanbul Protocol. Dr Beristain concluded that Mr Zamora was tortured and recommended that Mr Zamora be released from the prison environment that, compounded by his age, “perpetuates the harm caused by his ill-treatment and aggravates his existing health conditions”.
On 28th August 2024 six UN independent experts issued an urgent statement, calling on the authorities in Guatemala to address urgently allegations of inhumane conditions of detention of Mr Zamora, raising grave concerns about him being subjected to torture, inhuman or degrading treatment in prison, and also making clear that they were “equally concerned that the charges against him are connected to his work as an investigative and anti-corruption journalist and that such tactics create a chilling effect on other journalists in the country, preventing them from exercising their right to report freely and without fear of reprisals.”
Further Details
RSF and Doughty Street Chambers will hold a press conference about these latest developments in London on Monday 21st October 2024, featuring Zamora’s son Jose Carlos Zamora, RSF’s Director of Campaigns Rebecca Vincent, and Doughty Street Chambers barrister Caoilfhionn Gallagher KC. The three will also be speaking on a panel at the Trust Conference on Tuesday 22nd October 2024.
Jose Rubén Zamora. Photograph credit: AFP/Johan Ordonez
