Global Courant
The insistence of the Public Ministry on investigating journalists and requesting copies of publications by columnists of a media outlet that no longer exists, under the alleged crime of obstruction of justice and in open contravention of article 35 of the Constitution continues to generate concern, rejection and repeated complaints from press organizations.
The content of said statement of the Magna Carta is clear and unequivocal: “The broadcast of thought by any means of dissemination is free, without censorship or prior license. This constitutional right may not be restricted by any law or governmental provision. Whoever in the use of this freedom disrespects private life or morality will be responsible in accordance with the law. Those who believe they have been offended have the right to publish their defenses, clarifications and rectifications. Publications that contain complaints, criticisms or accusations against public officials or employees for acts carried out in the exercise of their positions do not constitute a crime or misdemeanor. In this regard, the Supreme Court of Justice granted a provisional amparo requested by six journalist organizations on May 31 against the resolution of Judge Jimmi Brener, who authorized investigations against Guatemalan journalists because of their opinions using a minor law range.
“There is a stubbornness of the MP in accusing the press,” Byron Barrera, president of the Association of Guatemalan Journalists, told the newspaper La Hora in relation to the request of the MP to the former manager of elPeriódico for several articles published in the defunct newspaper by the journalists against whom the investigations that were suspended with the amparo were directed.
Indeed, the use of decontextualized fragments of the Organized Crime Law against journalists and the media ran the risk of becoming something similar to the crime of abuse of authority. It should be noted that the new requirement of the MP was not made with judicial authorization, although it did stipulate a period of three days.
Yesterday a new accusation was also issued against the journalist Jose Rubén Zamora, for allegedly falsifying signatures on immigration documents referring to entries and exits from the country, a third case whose timing and sequence draw attention, since it is scheduled for tomorrow, June 14. the verdict hearing of the trial against the journalist and founder of the extinct elPeriódico, against whom the Prosecutor’s Office requested 40 years in prison. The alleged immigration irregularities, recently revealed by the MP, allegedly occurred between 2015 and 2017.
The mere search for these indications exhibits informal persecution, which contrasts with the parsimony in other cases against politicians, deputies and former officials accused of voluminous frauds. The case of Russian vaccines or the accusation for the dirty business at the Chimaltenango Hospital continue without progress, as is the process for the Odebrecht fraud, but there is time to look for signatures of a journalist in the chaotic immigration system that has allowed the departure of so many fugitives. International human rights organizations, friendly countries, local and regional press organizations have expressed their concern about the intimidation of journalists for their criticism of officials, which are guaranteed by the Constitution and whose sanctions appear in the Thought Broadcasting Law.
Freedom of expression is of constitutional rank
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