Global Courant 2023-05-13 07:39:26
The closure of elPeriódico and the trial against its founder, the journalist Jose Rubén Zamora Marroquín, are evidence of the accelerated deterioration of Press Freedom and democracy in Guatemala, according to the perception of Pedro Vaca Villarreal, special rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR).
In an interview with Prensa Libre, Vaca Villarreal analyzed the situation in Guatemala regarding Press Freedom and the right of Guatemalans to remain informed, this within the framework of the announcement made by elPeriódico to close its operations as of the 15th next May.
“With deep sadness, we are forced to stop the daily edition of elPeriódico” after almost 27 years of existence, the outlet announced in a statement.
“elPeriódico will stop publishing any type of news on May 15. The Aldea Global publishing company will continue to function to face the responsibilities it still has,” Ramón Zamora, son of the newspaper’s owner, told AFP.
elPeriodico noted that he received a “resounding blow” when Zamora was arrested on money laundering charges on July 29, 2022.
The media outlet elPeriódico announced its closure of operations due to persecution and harassment. What do you think of the decision and how will this impact press freedom in Guatemala?
“Democratic life always requires more —and never less— journalism. The closure of any means of communication is tragic news for community life when it aspires to live together as diverse societies and process disagreements with more information and opinions”.
“When the alleged reasons for the closure of the media point to the institutional conditions to practice journalism, what is challenged is the validity of democracy for all people and voices. Less information supply can lead to a more comfortable environment for the authorities, but it is a sacrifice for society; Citizens are the most affected, because they have fewer sources of information to build on their own an understanding of the environment in which they live and thus make decisions about their future”.
“The closure of a media outlet with such a long history on the eve of an election is not a fact that can go unnoticed and that leads to the reduction of credentials of pluralism when what is expected of the States are greater guarantees for the exercise of rights and liberties”.
“From the Office of the Special Rapporteur for Freedom of Expression (RELE) we have monitored the situation denounced by El Periódico and at this point I must state that the closure as a consequence of alleged economic suffocation and notable lack of confidence in the guarantees of freedom to exercise journalism, is something that is recorded within our international observation in order to document whether what is happening constitutes a violation of press freedom and if -according to how it was reported to us- the intense institutional deployment disregards the international obligations that the The State of Guatemala voluntarily accepted.
“In order for this task to be carried out impartially, field observation is required, it is essential to be able to listen to José Rubén Zamora, it is something that we have respectfully and repeatedly requested, and it is something that the State has not provided despite the fact that , at a very high level, since October last year they committed to it ”.
The director of the media outlet, Jose Rubén Zamora, is facing trial. What analysis do you make of the case outside of Guatemala?
“In the Americas, any person who is in the situation of José Rubén Zamora must have the right to be visited by the Office of the Special Rapporteur for Freedom of Expression, facilitating these conditions is what characterizes a democracy open to international observation. It is noteworthy, for example, that the journalist has not had continuity in his defense, which has repeatedly led to changes in lawyers and for various reasons, including the activation of legal proceedings against those who defended him and some of them are also in prison. In our institutional experience, if the response to the request for a visit were to be negative, it will be up to us to reach conclusions with the information available at a distance”.
The country’s authorities assure that freedom of the press is respected in Guatemala. Do you share those assessments?
“The State of Guatemala has informed RELE that it recognizes the fundamental value of freedom of expression in any democratic system and how relevant it is for public debate. Likewise, it has indicated that the criminal proceedings against Jose Rubén Zamora are not related to journalistic activities, and that the judicial proceedings surrounding his case are carried out in strict adherence to the legal framework and human rights. In contrast, the information reported to this Office by numerous civil society actors indicates that the judicial prosecution of Jose Rubén Zamora and other directors of the outlet, in addition to investigations initiated against journalists and columnists of the outlet, could be related to journalistic work. ”.
“The panorama that we observe from the Office of the Special Rapporteur, which we have registered through our monitoring and made visible through different press releases, shows us an accelerated deterioration of confidence to exercise the right to freedom of expression, particularly with an increase in the use of criminal law on people who practice journalism. There are reports of fear and self-censorship to speak of the judiciary and the Public Ministry or about matters of common interest in a country where a good part of democratic deliberation involves the variables justice and impunity”.
“The guarantees of freedom of expression are not exhausted in an effort to establish legal texts and general declarations, respect for freedom of expression depends, above all, on the confidence that people who are critical of the power of the day have to speak openly. and uninhibited on matters of general interest without fear of reprisal for doing so.
The Supreme Court of Justice recently rejected a complaint against a judge who ordered an investigation of journalists from elPeriódico and other media outlets. What message does the judiciary send with this?
“The system of checks and balances that controls the exercise of public power is a fundamental element in any democracy and constitutes a guarantee for the validity of human rights. In the democratic history of freedom of expression, the judiciary tends to be transcendental guarantors of the right to information; in the non-democratic history of freedom of expression, the judiciary tends to be instrumentalized as a censor arm”.
“From the Office of the Special Rapporteur, we reiterate our call to the Guatemalan State to guarantee that any criminal investigation against journalists is carried out in accordance with international standards on freedom of expression, which are very strict, on which there is vast applicable international jurisprudence and that a democratic State is called to consider.
Do you envision attacks against other media outlets in Guatemala or what is your forecast for the country in terms of press freedom?
“As indicated in the 2022 RELE annual report, the situation of freedom of expression in Guatemala continues to deteriorate. According to the information received by the Rapporteurship, journalists and the media that investigate matters of public interest, especially corruption, irregularities in public administration, and human rights violations, are often the target of physical violence, harassment, intimidation, harassment campaigns in social networks and judicial prosecution”.
“RELE is also concerned about the increased use of criminal law, both against journalists and other people and groups of people who have a relevant role in public and democratic life.”
“In a hearing on the situation of freedom of expression in Guatemala held in the second half of 2022, civil society organizations warned that at least six journalists have had to leave Guatemala as a result of acts of harassment and threats, and the lack of guarantees for the exercise of journalistic work”.
“A week ago we were informed that it is estimated that at least 22 journalists from Guatemala would be in exile, half of whom would have left the country in the months of March and April, shortly after the opening of an investigation against nine journalists who They published about the Zamora case.”
“It is also important to highlight that the complaints about the criminalization of journalists who investigate matters of public interest are inserted in a context of intensification of judicial persecution against different groups of people who play a relevant role in scrutinizing public power in Guatemala, as indicated by the Inter-American Commission in its 2021 and 2022 annual reports.”
Guatemala is facing a general election process. Have you seen proposals from the candidates in favor of press freedom or is it an issue that is not addressed by politicians?
“Freedom of expression takes on special importance in electoral periods. Within the framework of the Inter-American Human Rights System, both the IACHR and the Inter-American Court have emphasized that freedom of expression “is an essential tool for the formation of the public opinion of voters, which strengthens the political contest between the different participants, it provides analysis instruments for the proposals of each of them and thus allows for greater transparency and oversight of future authorities and their management; and nourishes the formation of the collective will manifested in the vote. Likewise, RELE has indicated that “a healthy democratic debate requires that there be the highest level of circulation of ideas, opinions and information regarding the candidates, their parties and their proposals during the period preceding an election, mainly through the the media, the candidates, and those who wish to express themselves.
What have been the most tense recent moments for the journalistic exercise that you have identified in Guatemala?
“This is a particularly difficult time for freedom of expression in Guatemala, the abyss between the denunciations of the press and the official declarations is enormous. Guatemala has spent two consecutive years in Chapter IVB of the annual report of the IACHR, the section provided for the States of greatest concern in terms of human rights.
“The Guatemalan authorities already know the dates that I have suggested to go to the country, they have agreed to respond, they still have not done so and I hope they keep their word.”
