Open Letter to the Guatemalan Government: Concerns about the prosecution of José Rubén Zamora

​​Guatemala: Concerns about the prosecution of José Rubén Zamora ​

 

H.E. Bernardo Arévalo de León

President of the Republic of Guatemala

12 Calle 4-08, Zona 14

Ciudad de Guatemala 01014, Centroamérica,

Guatemala, Republic of Guatemala

11 February, 2025

 

Your Excellency,

 

​​CIVICUS: World Alliance for Citizen Participation is a global alliance of civil society organisations (CSOs) and activists dedicated to strengthening citizen action and civil society worldwide. Founded in 1993, CIVICUS has over 15,000 members in 189 countries.​

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​​We are writing to you to express our profound concern about the prosecution of a prominent Guatemalan journalist José Rubén Zamora, founder of El Periódico newspaper, who has been beneficiary of precautionary measures by the ICHR since 2003. Mr. Zamora’s arrest, legal prosecution, unjust detention and treatment under Guatemala's judicial system has raised serious concerns regarding the suppression of press freedom and freedom of expression.​

 

​​Mr. Zamora, through El Periódico, published 144 investigative reports within 144 days. The El Periódico was a key tool used in the pursuit of democracy in Guatemala and played a pivotal role in the 2015 “Guatemalan Spring.” This movement exposed systemic corruption and resulted in the arrest of President Otto Pérez Molina, Vice President Roxana Baldetti, and over 80 other officials¹. 

 

​​On 26 July 2022, the chief of Special Anti-Impunity Prosecutor's Bureau (FECI) received a complaint from Mr. García Navarijo, a former executive of the Workers’ Bank (Bantrab), against Mr. Zamora alleging he was blackmailed into laundering 300,000 quetzales (U$40,000)².​

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​​Subsequently, he was arrested on 29 July 2022 together with eight other employees, they were detained for 16 hours, further prohibited from contacting anyone. On top of that, the Public Prosecutor’s Office seized the newspaper’s bank account. Despite the raid of both his workplace, residence³ and the seized accounts, Mr. Rafael Curruchiche, the chief of FECI, through public statements has insisted that Zamora’s detention has to do with “his activity as a businessman, and not with his journalistic work⁴.”​​​

 

As a result, the Public Prosecutor’s Office charged him with the offences of money laundering, blackmail and influence peddling⁵. These alleged criminal charges have not only been widely perceived as a tool of leverage to criminalise his investigative and critical reporting but also being politically motivated, which has raised concerns about the instrumentalization of Guatemala’s judicial system⁶.​

 

​​Following this detention order, Mr. Zamora had since then endured nearly 20 months in solitary confinement in Mariscal Zavala prison, reportedly under inhumane conditions, such as being incarcerated in almost complete darkness. These conditions prompted the UN independent experts⁷ and other human rights experts_⁸ to express serious concerns, characterising his treatment as inhumane, degrading, and tantamount to torture⁹. ​

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​​On 14 June 2023, the Ninth Criminal Court convicted him of money laundering, sentencing him to six years in prison, while acquitting him of blackmail and influence peddling. Additionally, he filed an appeal merited on procedural irregularities and insufficient evidence, the said court granted him house arrest on 25 August 2023¹⁰. However, this did not secure his release because there was a second pre-trial detention order that was still in force for a separate case for obstruction of justice and alleged use of false documents¹¹. Further, on the 18 October 2024 after being in detention for over 800 days, the said court granted his conditional release, placing him under house arrest also barring him from leaving the country¹².​

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​​Unfortunately, on 15 November 2024, the Second Chamber of the Court of Appeals of Guatemala overturned the ruling on house arrest and as a result ordered for Mr. Zamora’s return to prison pending a rehearing¹³. This decision not only disregards the tenets of the right to a fair trial but also reinstates an environment of judicial intimidation and signifies a chilling crackdown on freedom of expression and journalistic independence in Guatemala¹⁴. Thus, it undermines these freedoms deterring others from exercising the same rights due to fear of persecution.

 

On 13 January 2025, the Cámara de Amparo y Antejuicio de la Corte Suprema de Justicia granted José Rubén Zamora house arrest. CIVICUS welcomes this ruling as a step toward acknowledging his fundamental rights, though it falls short of ensuring his full freedom. While this decision reflects some degree of judicial independence and offers relief from the inhumane conditions of solitary confinement, CIVICUS remains deeply concerned that Mr. Zamora’s continued legal persecution and restriction under house arrest exemplify authoritarian tactics used to silence human rights defenders and critical journalists.

 

CIVICUS remains deeply concerned that such actions violate Guatemala’s commitments under international frameworks, including Article 19 of the Universal Declaration of Human Rights and Articles 7 and 9 of the International Covenant on Civil and Political Rights (ICCPR), to which Guatemala is a State Party. Mr. Zamora’s arbitrary detention and silencing underscore the urgent need to protect press freedom and the rights of journalists exposing corruption. His inclusion in the CIVICUS Stand As My Witness¹⁵ campaign highlights the critical fight against injustice and repression, as he continues to advocate for truth and accountability despite ongoing persecution.

 

​​Furthermore, the arbitrary application of money laundering and other criminal charges against Mr. Zamora, along with his prolonged detention, infringes upon his constitutional and internationally recognized rights to freedom of expression, liberty, and security of person, and protection from inhumane treatment. These rights are essential tenets of democratic societies that foster public accountability and governmental transparency.​​​Mr. Zamora has the right to express his opinion as provided in Guatemala’s Constitution and the International Covenant on Civil and Political Rights (ICCPR), ratified by the Republic of Guatemala on 5 May 1992. Moreover, as a prisoner of conscience he also has fundamental rights protecting him from any form of torture, inhumane and degrading treatment stipulated under the Universal Declaration of Human Rights in which Guatemala ratified in 1978.

 

Therefore, we urge the Guatemalan public authorities to:

• Order the immediate and unconditional release of José Rubén Zamora and ensure the fair and transparent resolution of his case.
• Protect journalists, human rights defenders, and civil society actors from harassment, threats, and unwarranted legal action.
• Uphold Guatemala’s commitments to international human rights treaties by fostering an environment where freedoms of speech, association, and peaceful assembly are guaranteed.

 

We hope to hear from you regarding this matter as soon as possible.

 

 

Jessica Corredor Chief Officer – Advocacy and Solidarity Action

​​CIVICUS: World Alliance for Citizen Participation​​​

 

CC:

H.E. Ambassador Carlos Ramiro Martinez Alvarado

Minister of Foreign Affairs (Ministro de Relaciones Exteriores)

2a Avenida 4-17, Zona 10, Código Postal 01010

Ciudad de Guatemala

 

H.E. Ambassador José Francisco Calí Tzay

Ambassador & Permanent Representative of the Republic of Guatemala to the United Nations Office at Geneva

Avenue de France 23

1202 Geneva, Switzerland

Phone: +41 22 734 55 73 / +41 22 733 08 50

Email:

 

Dr. María Consuelo Porras Argueta

Attorney General

Public Prosecutions Office (Ministerio Público de Guatemala)

21 Avenida 10-50, Zona 1 Ciudad de Guatemala, Guatemala

Telephone: +502 2411 919

 

 

LIST OF ORGANISATIONS ENDORSING MR. JOSE RUBEN ZAMORA’S OPEN LETTER

1. Instituto para el Futuro Común Amerindio IFCA
2. Festivales solidarios
3. CIPREVICA, Centro de Investigación para la Prevención de la Violencia en Centroamérica
4. Comite Departamental de Derechos Humanos
5. Coalition des Volontaires pour la Paix et le Développement, CVPD
6. Consultando Soluciones GH
7. Arkemetría Social
8. Bicosito Bangladesh Foundation (BBF)
9. Consumo Ético
10. Instituto para el Desarrollo sostenible de la mujer lenca de Honduras IDESMULH
11. Centro de Estudios y Apoyo al Desarrollo Local
12. APU CATEQUIL/ RED CATEQUIL
13. Ecology Africa Foundation
14. Urnas Abiertas
15. Initiatives des Femmes en Situations Difficiles pour le Développement Durable et Intégré, IFESIDDI
16. Voice for Africa Development Initiative
17. Association For Promotion Sustainable Development
18. Aldea Global eP
19. Centro de Estudios Sociales y Culturales Antonio de Montesinos A.C
20. Asociación de Nicaragüenses en México
21. Oficina de Derechos Humanos del Arzobispado de Guatemala
22. Instituto para el Desarrollo sostenible de la mujer lenca de Honduras IDESMULH
23. Centro de Investigación y Promoción de los Derechos Humanos, CIPRODEH
24. Agrupación de jubilados de la policía, tránsito y Bomberos del df AC