Guatemala: Jose Rubén Zamora still behind bars thanks to judicial quagmire

Issued on 6 October, the Supreme Court's decision marks a rare admission by the country's highest judicial authority of the serious irregularities that tainted the proceedings against Jose Rubén Zamora. The CSJ found that the appeals court "failed to guarantee the right to be heard, an essential element of the right to a fair trial," and ordered the case to be returned to the Public Ministry to address these violations.

However, its practical impact remains limited: the initial conviction has not been overturned, and Jose Rubén Zamora is still imprisoned due to a separate case against him for alleged obstruction of justice, which is riddled with inconsistencies and procedural paralysis.

On Tuesday, 7 October, an RSF delegation visited him at Mariscal Zavala prison and noted the pitiful conditions of his detention: damp walls, limited access to water and freezing nighttime temperatures. Detained since July 2022, Zamora expressed fears for his safety, saying he feared an attempt on his life in his cell.

Under Attorney General Consuelo Porras's leadership, the Public Ministry has remained a key driverof the criminalisation of independent journalism in Guatemala. Her continued misuse of prosecutorial powers has fostered an atmosphere of intimidation and legal uncertainty that deters investigative reporting and punishes those who expose corruption and abuse of authority.

These legal attacks are part of a broader pattern. In recent years, journalists and independent media outlets in Guatemala have been the target of smear campaigns, arbitrary prosecutions, and threats - forcing many media professionals into exile.