IACHR and UN Special Rapporteurs express concern about the return to prison of journalist José Rubén Zamora in Guatemala

March 26, 2025

Washington D.C. / Geneva—The Inter-American Commission on Human Rights (IACHR) and two independent experts, the United Nations (UN) Special Rapporteurs on the Independence of Judges and Lawyers and on Freedom of Opinion and Expression express their deep concern over journalist José Rubén Zamora's return to prison in Guatemala on March 10, 2025, and the allegations of threats against judicial officials.

They note with serious concern that during the hearing, the judge overseeing the case stated that he and court staff had been subjected to threats and intimidation by unknown individuals. This circumstance could constitute a violation of the right to a fair trial and compromise judicial independence, a fundamental principle recognized in multiple international human rights instruments, including the American Convention on Human Rights, the International Covenant on Civil and Political Rights, and the United Nations Basic Principles on the Independence of the Judiciary.

The IACHR and the UN Special Rapporteurs point out that, in accordance with international standards, pretrial detention should be applied exceptionally and proportionally, strictly adhering to the principles of presumption of innocence and procedural necessity. In the view of these entities, it could be contradictory that Zamora's return to prison was ordered despite the demonstrated absence of flight risk and the judge's own acknowledgment that the reasonable period for pretrial detention would have been exceeded. It should be noted that the IACHR in May 2024 and the UN Special Rapporteurs in July 2023 and August 2024 raised concerns about the journalist's ongoing preventive detention, who is also a beneficiary of precautionary measures from the Inter-American Commission, and requested that the State of Guatemala provide periodic reports on the justification for restricting his liberty, the satisfaction of reasonable timeframe conditions, and the lack of less restrictive alternatives.

It is also of particular concern that this decision comes at a time when an amparo appeal is pending before the Supreme Court of Justice challenging the validity of the March 4 decision of the Third Chamber of Appeals that ordered the revocation of the substitute measures of house arrest in favor of José Rubén Zamora. The IACHR and the UN Special Rapporteurs have learned that the Supreme Court's Amparo and Pre-Trial Chamber unexpectedly suspended an already scheduled session to hear this appeal, raising additional concerns about the administration of justice in this case.

The IACHR and UN Special Rapporteurs express their concern that Mr. Zamora's case, who has already spent more than 800 days in prison since his initial detention in July 2022, has been characterized by excessive delays in judicial proceedings and an apparent prioritization of his imprisonment over resolving the charges against him. The scheduling of a hearing for September 2025 in one proceeding, while the other remains without a set date, could generate an unjustified delay that keeps the journalist in prolonged legal uncertainty.

The IACHR and UN Special Rapporteurs emphasize that this is an emblematic freedom of expression case, as the charges brought against Mr. Zamora, founder and president of Guatemalan newspaper El Periódico, appear to be in direct retribution for his critical reports on the government and his groundbreaking investigations into corruption in the country. The continuous judicial harassment consisting of the accumulation of legal proceedings against Mr. Zamora and the staff of El Periódico and the subsequent closure of the media outlet are a direct crackdown on freedom of expression and press freedom, contrary to international legal standards.

In light of the foregoing, the IACHR and the UN Special Rapporteurs on the Independence of Judges and Lawyers and on Freedom of Opinion and Expression will continue to closely monitor the situation of journalist José Rubén Zamora.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

Special Rapporteurs/Independent Experts/Working Groups are independent human rights experts appointed by the United Nations Human Rights Council. Together, these experts are referred to as the Special Procedures of the Human Rights Council. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. While the UN Human Rights office acts as the secretariat for Special Procedures, the experts serve in their individual capacity and are independent from any government or organization, including OHCHR and the UN. Any views or opinions presented are solely those of the author and do not necessarily represent those of the UN or OHCHR.

No. 060/25

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