Freedom of Expression
Press release R196/22
State
of Guatemala must fully and effectively guarantee the right to freedom of
expression and freedom of the press
September 2, 2022
Washington D.C. - The Office
of the Special Rapporteur for Freedom of Expression (SRFOE) of the
Inter-American Commission on Human Rights (IACHR) pronounces itself on the
guarantees for the exercise of freedom of expression and freedom of the press
in Guatemala, expresses its concern about the reports received and calls on the
State to fully and effectively guarantee these fundamental rights.
In recent months, the Office
of the Special Rapporteur has received several reports that call for the
attention of the Office with respect to freedom of expression in Guatemala,
mainly related to attacks, intimidation and judicial harassment with alleged
silencing purposes. In particular, the judicial prosecution of journalists
coincides with the validity of IACHR reports on the weakening of judicial
independence in Guatemala.
According to the information
received, José Rubén Zamora and Flora Silva - president and financial director
of the media outlet El Periódico, respectively - have been subject to judicial
persecution by the Public Prosecutor's Office (MP). State authorities have
indicated that the criminal proceedings are not related to journalistic
activities; and that the judicial proceedings surrounding their case are being
conducted in strict compliance with the legal framework and human rights. In
contrast, the information reported to this Office by numerous representatives
of civil society indicates that the prosecution of José Rubén Zamora and Flora
Silva could be related to their journalistic work. The Special Rapporteur’s
Office has informed the State that it is following up on the process, and states
that freedom of the press includes not only editorial activities but also those
related to the sustainability of the media.
According to information
received by this office, agents of the MP and the National Civil Police raided
the homes of José Rubén Zamora, president of El Periódico, on July 29, and of
Flora Silva, the financial director, on August 19. Both were reportedly
arrested for allegedly committing crimes related to money laundering, among
others. Also, on July 29, the offices of Aldea Global S.A., a commercial entity
that - being in charge of the administrative management of the media outlet -
shares its facilities with El Periódico, were raided.
Journalist José Rubén Zamora
has been the beneficiary of precautionary measures from the IACHR since 2003,
when the Commission understood that there was an imminent risk to his life and
personal integrity due to a series of physical attacks and threats received in
the exercise of his profession, and the context of violence against the press
in Guatemala. In accordance with the powers granted by the precautionary
measures mechanism, the IACHR and its Special Rapporteur’s Office have recently
requested the State to conduct a working visit to verify Zamora's situation.
In addition to these facts,
other cases have come to the attention of The SRFOE, related to complaints
described as spurious and aimed at preventing the publication of investigations
on matters of public and political relevance. Among other documented reports,
in September 2021, a former Minister of Communications filed a complaint
against journalist Juan Luis Font, director of the news program Con Criterio,
for allegedly committing the crimes of illicit association and collusion. The
reporter confirmed to this Office that he had left the country and denounced
harassment and reprisals related to his work, which dissuade him from
continuing to practice journalism from Guatemala. In this regard, the State
indicated that this process is under legal reserve and that the investigating
entity continues with the proceedings to elucidate whether or not the facts
indicated have been committed. The authorities emphasized that the complaint
mentioned here was filed by a third party and not by the Public Prosecutor's
Office, and that the State is not pursuing the journalist for his informative
work.
Likewise, in June of this
year, the MP opened an investigation against journalists from Agencia Ocote
after they interviewed a prosecutor in prison and produced a podcast about her
case. Likewise, in 2021, the Rapporteur’s Office recorded in its annual report
the activation of criminal actions against journalists Sonny Figueroa and
Marvin del Cid by government officials and former government officials,
allegedly after they published journalistic investigations involving them. The
State pointed out that "there is no particular persecution for their
journalistic work, nor is there professional harassment against both
journalists". It added that "the criminal proceedings initiated
against the agents of the National Civil Police for the aggressions denounced
by both journalists is proof of the State's commitment to bring justice to
all".
In this context, the Special Rapporteur’s
Office has also been informed about the increase of coordinated inauthentic
behaviors by anonymous accounts on social networks, which have been reported to
disseminate State information of a reserved nature, or announce acts that are
then executed by the State, for example, in relation to criminal trials. On
this point, the State has informed that "such publications have at no time
been aired by official accounts of the State of Guatemala, nor by its public
officials, and therefore are not attributable to the State."
In the context described
above, the Special Rapporteur’s Office is especially concerned about the cases
of Anastasia Mejía and Michelle Mendoza, among other women journalists and
communicators investigating issues related to corruption and impunity in
Guatemala who have also reported on the deterioration of guarantees to their
freedom of expression. The documented information indicates that threats through
social networks, as well as the judicial processes faced by women journalists,
are elements of gender-based violence that the State must consider.
Additionally, in its
monitoring function, The SRFOE has documented the murder of journalist Orlando
Villanueva in Puerto Barrios, department of Izabal, among other acts of
violence, which include alleged aggressions and destruction of reporters' work
equipment. Regarding the crime of the journalist, the State reaffirmed its
commitment to carry out an investigation to clarify the facts and result in the
corresponding sanctions. In this regard, it informed this Office that the
Prosecutor's Office for Crimes against Journalists has carried out various
actions and established a line of investigation. In addition, the Rapporteur’s
Office has previously expressed its opinion on the violations of rights and the
specific obstacles faced by community communicators in Guatemala. The Office
has given particular follow-up to the cases of journalists Juan Bautista Xol,
Baudilio Choc and Carlos Choc, who have publicly denounced judicial proceedings
against them and police operations at their residences after they covered a
series of demonstrations by the Mayan Q'eqchi' population in El Estor, Izabal,
and the use of public force to disperse them in October 2021. Although this
Office was informed that there are two criminal proceedings in force against
journalist Carlos Choc, the State reported that there are no complaints filed
against him, and that there are no State actions to impede his journalistic
activity.
Finally, the Rapporteur’s
Office also learned that the Congress of the Republic filed the Law on
Prevention and Protection against Cybercrime, after a series of objections and
observations of deputies were approved. The SRFOE welcomes the decision of the
legislative body to dismiss this law, which contained provisions that, due to
its vagueness, granted wide margins of discretion in its application and that
risked being used to the detriment of the right to freedom of expression.
The information gathered by The
SRFOE indicates that these facts are inserted in a context of intense
judicialization of people who play a relevant role in public life and
contribute to the democratic debate in Guatemala. In the State's opinion, the
fact that there are several legal actions brought against communicators -in
some cases initiated by individuals- is framed within the constitutionally
guaranteed rights.
In the light of the above
considerations, this Office recalls that the Inter-American human rights system
provides reinforced protection for speeches of general interest and on the
conduct of public officials, since they are indispensable in a pluralistic
society for exercising public control over acts of government and
administration. This implies, according to the Inter-American Court, that the
punitive response of the State through criminal law is not conventionally
appropriate in these cases. The Rapporteur’s Office has informed the State that
it is following up on judicial proceedings against journalists for acts that
may be related to their work and those that investigate violence against the
press, including those referenced in this press release.
Likewise, the IACHR and the
Inter-American Court have emphasized that an independent and critical press is
a fundamental element for the validity of the other freedoms that make up the
democratic system and the rule of law. On this point, the Declaration of
Principles on Freedom of Expression of the IACHR establishes that the use of
the power and resources of the State with the objective of pressuring and/or
punishing journalists and media outlets based on their lines of reporting
directly violates freedom of expression.
The Office of the Special
Rapporteur calls on the State of Guatemala to redouble its efforts to fully and
effectively guarantee the rights to freedom of expression and of the press. It
is the duty of the State to generate the necessary conditions so that
journalists can carry out their work in a free and safe environment; and so
that society as a whole can be informed and receive the greatest possible
amount and diversity of ideas and opinions. Likewise, in the light of these
observations, the Rapporteur’s Office considers crucial that the State maximize
its efforts to ensure that any restriction on the fundamental freedoms of
journalists and communicators -whether involving the public authorities or
third parties- complies with international standards of legality, necessity and
proportionality.
The Office of the Special
Rapporteur for Freedom of Expression is an office created by the Inter-American
Commission on Human Rights (IACHR) to encourage the hemispheric defense of the
right to freedom of thought and expression, considering its fundamental role in
the consolidation and development of the democratic system.
R196/22