The smears began the day Christian Ulate began representing jailed Guatemalan journalist José Rubén Zamora: tweets accusing the lawyer of being a leftist or questioning his legal credentials. He began to fear he was being surveilled.
Ulate had taken over the case in August 2022 from two other lawyers, Romeo Montoya García and Mario Castañeda, after the prosecutor in Zamora’s case announced that they were under investigation. After less than three months of representing Zamora, Ulate left Guatemala for a trip to Honduras. The attacks, he said, stopped abruptly.
Looking back, Ulate believes the harassment was part of a clear pattern. Other lawyers who would go on to represent Zamora — there were 10 in total by the time of the journalist’s June conviction on money laundering charges widely considered to be retaliation for his work — were harassed, investigated, or even jailed.
“We knew that the system was against us, and that everything we, the legal team, did around the case was being closely scrutinized,” Ulate told CPJ.
Zamora’s experience retaining legal counsel, while extreme, is hardly unique. CPJ has identified lawyers of journalists under threat in Iran, China, Belarus, Turkey, and Egypt, countries that are among the world’s worst jailers of journalists. To be sure, lawyers are not just targeted for representing journalists. “Globally lawyers are increasingly criminalized or disciplined for taking on sensitive cases or speaking publicly on rule of law, human rights, and good governance issues,” said Ginna Anderson, the associate director of the American Bar Association, which monitors global conditions for legal professionals.
But lawyers and human rights advocates told CPJ that when a lawyer is harassed for representing a journalist, the threats can have chilling effects on the free flow of information. Inevitably, journalists unable to defend themselves against retaliatory charges are more likely to be jailed – leaving citizens less likely to be informed of matters of public interest.
A barometer of civil liberties
Attacks on the legal profession – like attacks on journalists – can be a barometer of civil liberties in a country, legal experts told CPJ. Hong Kong, once viewed as a safe harbor for independent journalists, is one such example. The territory has seen multiple members of the press prosecuted under Beijing’s 2020 national security law, including media entrepreneur Jimmy Lai, who faces life imprisonment. Lai, a British citizen, is represented by both U.K. and Hong Kong legal teams, which work independently of each other, and both have faced pressure.
China/Iran/Turkey/Belarus/Egypt etc: Journalists’ lawyers face retaliation around the globe