WHEREAS in Guatemala, the Public Prosecutor's Office, through the Special Prosecutor's Office against Impunity (FECI) led by prosecutor Rafael Curruchiche, with the unrestricted support of Attorney General María Consuelo Porras, has dedicated itself to attacking journalists, particularly José Rubén Zamora Marroquín, former president of the media outlet elPeriódico
WHEREAS Zamora was not able to have a proper defense because he was not allowed to present his defense evidence, his lawyers were charged and forced to resign from the case, and he met his last defense lawyer days before his final defense arguments were to be presented
WHEREAS, several journalists and columnists from elPeriódico are out of the country because they are accused of obstructing justice, either because they covered the judicial process or because they expressed their opinion in favor of Zamora, and they have no option of defense because the Public Prosecutor's Office placed the reasons for their accusation under strict reserve
WHEREAS, the trial against Zamora was carried out with a speed seldom seen in the country, sentencing him to six years in prison for money laundering
WHEREAS, on October 12 of this year, the Second Chamber of Appeals ordered the repetition of the trial at the request of the Attorney General's Office and Zamora himself
WHEREAS principle 10 of the Declaration of Chapultepec states: "No news media nor journalist may be punished for publishing the truth, criticizing, or denouncing the government." Article 3 of the Salta Declaration states: "Governments must not penalize criticism, information or protests against public officials regarding matters of public interest or against individuals who voluntarily expose themselves to public scrutiny. In cases where civil claims are filed, evidence of real malice must be proven."
THE 79th IAPA GENERAL ASSEMBLY RESOLVES
To urge the judicial authorities to release José Rubén Zamora Marroquín while the retrial ordered by the Second Court of Appeals takes place.
Demand that the new trial be carried out following due process, as quickly as the previous one, and that Marroquín be allowed to present all evidence in his defense.
Demand that the Supreme Court of Justice of Guatemala not allow the abuse of the "reserve" recourse in the cases of journalists who had to leave the country.
Demand that the attorney general and head of the Public Prosecutor's Office, María Consuelo Porras, and the head of the Special Prosecutor's Office Against Impunity (FECI), Rafel Curruchiche, desist from their attacks against journalists for expressing their opinions and conducting investigations, actions prohibited by Art. 35 of the national Constitution.
