The lawyers of a group of journalists and columnists from elPeriódico who were accused by the Public Ministry (MP) of obstruction of justice challenged the judges of the Third Court of Appeals, who would hear an appeal from the Prosecutor’s Office that seeks to revoke a judicial ruling. which closed the case and referred it to a press court.
The FECI names six journalists and two elPeriódico columnists for allegedly committing the crime of obstruction of justice for publications in the case in which Jose Rubén Zamora, president and founder of that newspaper and imprisoned since July 29, 2022, is being prosecuted.
Just last January 8, Judge Aurora Gutiérrez, of the Fifth Criminal Court of First Instance, decided that the case against the journalists fell within the jurisdiction of a printing court, a decision that was appealed by the MP on January 12.
However, the journalists’ defense doubts the impartiality of the magistrates of the Third Court of Appeals, which is why they challenged President Jaime Amílcar González Dávila; to member I, Mirna Elizabeth Caballeros Salguero de Cabrera; and member II, José Alexander Ortiz Ruiz.
Wendy López, one of the journalists’ defense lawyers, pointed out that, because magistrates are active procedural subjects in the case, “it raises doubts about impartiality.”
“The Third Chamber has been questioned for the very questionable rulings it has issued; For example, he granted freedom to Blanca Stalling, to Manuel Baldizón (…) there are a series of situations that make us doubt impartiality,” said the defender.
He added that; Furthermore, some of the prosecuted journalists have written notes regarding the judges’ resolutions, which is why they do not consider it appropriate for them to hear the appeal filed by the MP.
In addition, he said that if the Court upholds the appeal raised by the MP “it would open the door to criminal prosecution against journalists, which would aggravate the position of each of us in the free exercise of expression of thought.”
The journalists and columnists named are: Denis Obdulio Aguilar González, Julia Catalina Corado Flores, Gerson Allende Ortiz, Edgar Armando Gutiérrez Girón, Gonzalo Marroquín Godoy, Gerli, Alexander Valdez, Ronnie Alexander Ríos García and also José Rubén Zamora, president of elPeriódico.
“The resolution issued by Judge Aurora Beatriz Gutiérrez, of the Pluripersonal Court of First Instance Criminal, Narcoactivity and Crimes against the Environment of Guatemala in the first instance made clear all the points mentioned above, mainly establishing that a Criminal Court is not competent to hear this type of processes, but the Court of Honor. This is a forceful ruling that must be respected and ratified by higher independent bodies,” details a statement from the affected journalists.
“Unfortunately, the justice system has suffered the penetration of structures that aim to promote impunity and act against those who believe that corruption should be fought and compliance with the rule of law must be demanded,” the document states.
“For the Law to prevail, our rights must be respected and we believe that in said room it will not be this way and that a resolution could be given in accordance with the interests of the MP, by the way, a highly questioned institution at the national and international level,” concludes the letter.
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