Global Courant
Multiple, vehement, reiterated and based on the current Constitution, as well as on international human rights conventions, have been the demands for respect for freedom of expression and free exercise of the press in Guatemala. This guarantee has been violated by twisted arguments that appear legal, but are simply invalid in light of the current Magna Carta. The harsh lessons of decades of dictatorships and times of indiscriminate terror in the country were refined by the constituent assembly members between 1984 and 1985 to bequeath a republican constitution that consecrates inalienable rights: to life, liberty and equality before the law, free action, legitimate defense, presumption of innocence before a judge, free locomotion, petition, free access to any public agency; meeting, association and belief, and the fundamental free emission of thought.
At this point in democratic history, there should be greater development in access to public information in real time and electronic accounting, but since this is not the case, investigative journalism is all the more required. And for this, it is necessary to have total legal certainty that no criticism, accusation or complaint against any official in the exercise of a position is a pretext to pervert laws of lesser rank in order to intimidate journalists, columnists, political opponents and citizens.
Three months ago, the questioned endorsement of judge Jimmi Brener was given to investigate various journalists and columnists for the now extinct elPeriódico, due to the publication of notes, reports and questions regarding the case against journalist Jose Rubén Zamora, but it is a precedent that threatens to every citizen.
The Public Ministry made the request for such an investigation, using articles of the Law against Organized Crime out of their context and with the obvious intention of limiting criticism. To date there is no reliable report of such investigations which, in any case, contravene constitutional principles. The malice of the ruling and its desire to intimidate are inferred. The articles invoked allude to the coercion exercised by armed power groups, mafias or even, paradoxically, officials who abuse their powers.
That is why the appeal for amparo filed against any judicial action that threatens, limits or restricts the free emission of thought guaranteed by article 35 of the Constitution is of crucial and historical importance. The request was made before the Constitutional Court, jointly by the Association of Guatemalan Journalists, the Chamber of Professional Broadcasters of Guatemala, Guatemalan Sports Writers, the Association of Guatemalan Sports Writers, the Guatemalan Federation of Radio Schools and the Red Rompe the fear. The magistrates of the CC must quickly address this request and ensure the protection of this national and universal citizen right.
Only in intolerant legal minds could the perversion of the spirit of the law against organized crime be concocted to try to make it a gag. Worst of all, many presidential candidates have remained silent in the face of this outrage and some who have spoken out have received threats of prosecution against them. This shows emulations of the abject Nicaraguan dictatorial model, which make the mistake of underestimating the intelligence of the Guatemalan citizenry, which is, after all, who emanates sovereignty, who grants and also withdraws their vote from those who abuse power.
