Guatemalan journalist José Rubén Zamora Marroquín spent 813 days in prison amid a judicial process criticized by local and international organizations for its irregularities and violations of due process.
In a hearing that lasted all day Friday, Oct. 18, at almost 9 p.m., Judge Erick Daniel García Alvarado granted a coercive and substitute measure that allowed Zamora to be detained under house arrest, while his case is being determined.
“The review of the coercive measure promoted by Mr. José Rubén Zamora Marroquín is granted, as it is considered that, due to human rights reasons, the prison term has exceeded the limits,” Judge García Alvarado said at the hearing.
The judge dismissed the arguments from the Prosecutor's Office about the danger of Zamora fleeing the country, partly because his passport is in the custody of another court.
Among the substitute measures ordered by the judge, Zamora is prohibited from leaving the country without judicial authorization and must report every eight days for biometric control. The judge did not impose any financial bail.
Despite initial reports that the measure would take effect after the weekend, the journalist was released from Mariscal Zabala prison, where he had been held since July 29, 2022, on the afternoon of Saturday, Oct. 19.
“I am extraordinarily happy,” Zamora Marroquín told the journalists waiting outside the prison. “We have all seen that there are still upright judges.”
Zamora thanked local journalists and international organizations for their support over the past two years. He answered questions for nearly 20 minutes, at times moved to tears, admitting he had always been “a crybaby.” Zamora said he wanted to have his health checked, especially his lungs and vocal cords. He also said he needed to consider his future and what he could still do as a journalist.
José Rubén Zamora speaks with journalists upon leaving prison on Oct. 19, 2024. (Photo: Nelton Rivera/Prensa Comunitaria)
“It’s very hard to be a journalist,” said the 68-year-old Zamora to the journalists outside the prison. “Right now, I feel that we fought hard and have failed. You will do better, I hope,” he added, his voice breaking.
Zamora spoke about the cases still pending against him, the strategies used to keep him in prison, and even the possibility of new charges being “made up” against him. However, he remained optimistic about continuing the fight.
“I have the spirit, courage, and faith. They will finish before I do,” Zamora Marroquín said.
Carlos Lauría, executive director of the Inter American Press Association (IAPA), told LatAm Journalism Review (LJR) that the house arrest measure was the “indispensable result” of a long-standing fight by IAPA and other organizations against “an unjust and arbitrary imprisonment clearly motivated by Zamora's investigations.”
Lauría, however, said the goal is to have the charges altogether dropped and to push for the removal of further obstacles in the ongoing case.
“We will remain vigilant against any possibility of this happening and will alert the international community,” Lauría said.
José Carlos Zamora, the journalist's son, expressed this same concern, pointing out that his father could return to prison “tomorrow,” news agency EFE reported. At a press conference with representatives of Reporters Without Borders, he said “it is difficult to trust a system that is largely managed by a criminal cell, both within the public prosecutor's office and a series of judges.”
The Committee to Protect Journalists (CPJ) also celebrated the decision to grant house arrest to Zamora. “This is a crucial step toward justice and a new chapter for him and his family, who have fought tirelessly for his freedom,” CPJ wrote on its X account.
CPJ was one of 19 organizations that had demanded due process guarantees for Zamora Marroquín. “The undersigned organizations express our deep concern about the violations of his human rights and the new attacks on judicial independence,” they wrote in a statement on Oct. 17.
The Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) also commented before the hearing. IACHR Special Rapporteur Pedro Vaca said on his X account that he had not received any information about the reasons for keeping journalist José Rubén Zamora in prison.
“I urge the State to immediately schedule the respective hearings, ensuring that decisions are made regarding the validity of the pretrial detention,” Vaca wrote.
“Zamora returns home,” wrote Guatemala’s President Bernardo Arévalo on his X account after meeting with Zamora on the night of Oct. 21. “Justice is beginning to arrive, and the dark cycle is coming to an end.
“I visited José Rubén Zamora because he regains his freedom, perhaps the most significant example of the punishment the press endured during the regime of darkness and corruption that is starting to lose ground, thanks to the efforts and support of the people of Guatemala. Without freedom of expression, there is no democracy,” Arévalo wrote.
Zamora Marroquín was arrested on July 29, 2022, accused of money laundering, influence peddling, and blackmail. The journalist, known for his investigations into corruption reaching even presidents, including Alejandro Giammattei, has denied the accusations and claims it was retaliation for his work.
From the start of the investigations, national and international organizations have pointed out the irregularities.
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. It has yet to take place. His case has even been monitored by TrialWatch, an initiative of the Clooney Foundation for Justice, which aims to help free those unjustly detained globally. TrialWatch said Zamora's trial was “fundamentally unfair” and that if a new one is held, it should start from scratch to address the flaws in evidence gathering.
In addition to the money laundering case, Zamora Marroquín faces other charges. One of them is for the alleged crime of “obstruction of justice,” based on opinion columns written by Zamora in which he criticized and pointed out the irregularities he saw in his own case.
