Guatemalan journalist José Rubén Zamora Marroquín was taken back to Mariscal Zavala prison on Monday, March 10, after an appeals court revoked a measure that had granted him house arrest since October last year.
During a hearing on March 10, substitute judge Erick García of the Second Criminal Court ordered Zamora Marroquín’s return behind bars, complying with a decision handed down by the Third Court of Appeals on March 4. The appeals court partially annulled the case against Zamora Marroquín and revoked the decision by Judge García, who had granted house arrest in 2024.
“The order from the Third Court of Appeals is illegal and arbitrary, abusing a legal formality to violate the presumption of innocence,” José Carlos Zamora, son of Zamora Marroquín, told LatAm Journalism Review (LJR). “Pretrial detention is an exceptional measure. We all have the right to defend ourselves in freedom.”
During the March 10 hearing, Judge García maintained his position that the pretrial detention period had been exceeded in Zamora Marroquín's case, as he had been imprisoned for over two years without a sentence or formal trial. He also stated that he and other court members were receiving “threats and intimidation from unknown individuals.”
Lawyers for Zamora Marroquín, 68, have filed an appeal with the Supreme Court, but no decision has yet been delivered.
A statement provided by the Cyrus R. Vance Center for International Justice, which handles Zamora Marroquín’s international defense, to LJR said Zamora Marroquín’slegal team filed a protection request, arguing the reasoning accepted by the appeals court did not apply in this case.
The Supreme Court’s preliminary proceedings and protection chamber had already scheduled a session to review the request, but it was suddenly suspended, according to the statement.
“That’s a bit strange in this case,” the statement said.
The statement added that while Zamora Marroquín’s health improved during his months under house arrest, they are concerned that his condition could deteriorate again now that he is back in prison.
Zamora Marroquín's return to prison has sparked condemnation from national and international organizations, which interpret it as another violation in a judicial process already riddled with irregularities.
The Guatemalan journalist collective No Nos Callarán criticized the “misuse of criminal law to punish and persecute journalists,” condemned the decision to send Zamora Marroquín back to prison, and urged the Supreme Court to restore his freedom.
Reporters Without Borders (RSF) also called on the Supreme Court to issue a ruling immediately on the protection request filed by Zamora Marroquín’s defense and urged Guatemala’s justice system to ensure a fair trial.
“The international community must maintain pressure on Guatemala to guarantee press freedom and the rule of law,” Artur Romeu, RSF's Latin America director, said in a statement.
Ana Piquer, Americas director at Amnesty International, condemned the journalist's new detention as “blatantly arbitrary,” adding that he “is being imprisoned again today solely for his investigative journalism and reporting on corruption.”
The Committee to Protect Journalists (CPJ) called his return to prison a “flagrant act of judicial persecution.” “We call on authorities to release him immediately, stop using the justice system to silence critical journalism, and to respect press freedom and due process,” Cristina Zahar, CPJ’s Latin America program coordinator, said in a statement.
Accused of money laundering, influence peddling, and blackmail, Zamora Marroquín was arrested on July 29, 2022, and taken to Mariscal Zavala prison, where he remained for 813 days without a final sentence against him. He was known for his investigations into high-ranking officials – including President Alejandro Giammattei, who served from 2020–2024 – and has rejected the accusations, calling them retaliation for his work.
Since the investigations began, national and international organizations have pointed out irregularities in the judicial process.
On June 14, 2023, he was sentenced to six years in prison for money laundering. This sentence was annulled in October 2023, and a new trial was ordered, but it has not yet taken place.
His case has been monitored by TrialWatch, an initiative of the Clooney Foundation for Justice that seeks to help free unjustly detained individuals worldwide. In its report, TrialWatch said Zamora Marroquín’s trial was “fundamentally unfair” and asserted that any new trial should start from scratch to correct errors in the evidence collection process.
In addition to the money laundering case, Zamora Marroquín faces one on “obstruction of justice,” based on opinion columns he wrote criticizing and highlighting irregularities in his own case.
elPeriódico, the news outlet Zamora Marroquín founded in 1996, was forced to shut down on May 15, 2023, due to financial pressure and persecution against him. Press freedom organizations have said they believe the newspaper's closure was also part of the broader goal of the case against Zamora Marroquín.
