On June 13, 2023, José Rubén Zamora was sentenced to six years for “money laundering.” He was found not guilty of influence peddling and blackmail. Samari Gómez was found not guilty of the crime of disclosing confidential information.
The ABA CHR will be releasing a Trial Observation Report soon.
Brief Summary of the Case:
As part of the Clooney Foundation for Justice’s TrialWatch initiative, the ABA CHR has been monitoring in person the trials of José Rubén Zamora & Samari Gómez. José Rubén Zamora, an award-winning Guatemalan journalist and the Founding Director of the now-shuttered Guatemalan outlet ElPeriódico, is being prosecuted for money laundering, influence peddling and blackmail. He is being tried alongside former prosecutor Samari Gómez, from the Special Prosecutor’s Office against Impunity (FECI), who has been charged with disclosing confidential information. The prosecution has requested that Zamora be sentenced to 40 years’ imprisonment.
The case against Zamora was triggered by a complaint filed by Ronald Giovanni García Navarijo on July 26, 2022. Navarijo is a former banker who had reportedly been a source of information for ElPeriódico and is currently under investigation for money laundering, embezzlement, and other alleged crimes in Guatemala.[1] Navarijo asserted that Zamora had asked him to launder 300,000 QZ ($40,000). According to the indictment, the money laundering charge is based on the inference that it was “possible” the 300,000 QZ were the proceeds of blackmail. The influence peddling charge is based on an allegation that José Rubén Zamora “influenced through Mr. Juan Francisco Sandoval Alfaro [the former head of FECI]” Assistant Prosecutor Samari Carolina Gómez Díaz so that she would “make decisions that would allow the latter [Navarijo] to obtain an undue benefit.” The blackmail charge is based on an allegation that Zamora asked Navarijo for ‘favors’ “in exchange for not making public facts [in] ElPeriódico” that would have been harmful to Navarijo.
Legal Director of @TrialWatch Stephen Townley was quoted in the @FinancialTimes in June on @ChepeZamora's trial. “International standards require that governments ensure lawyers are able to perform their duties without intimidation or harassment,” he said. https://t.co/lhWc1PSjWw
— Clooney Foundation for Justice (@ClooneyFDN) August 1, 2023
January 19, 2023 – Arrest warrants are reportedly issued for defense lawyers Romeo Montoya García and Mario Castañeda based on the investigation initiated by the prosecution on August 3. Castañeda is arrested and detained that same day.[15]
February 17, 2023 – Castañeda is transferred to what news media has called a “highly dangerous” maximum security prison in Matamoros.[16]
February 21 – Casteñeda accepts the charge of conspiracy to obstruct justice. He is sentenced to 3 years in prison, which is commuted with a payment.[17]
March 3 – Juan Francisco Solórzano Foppa and Justino Brito Torres resign from José Rubén Zamora’s defense, citing the criminal proceedings against them.[18]
April 20 – Foppa and Torres are arrested.[19]
April 25 – Romeo Montoya García turns himself in and accepts the charge of conspiracy to obstruct justice. He is sentenced to six years in prison, which is reduced to three years. His remaining sentence is commuted with payment.[20]
May 2 – Trial: Zamora’s trial begins with Patricia Guillermo de Chea and Ricardo Sergio Szejner as his defense lawyers.[21] There are trial hearings on May 2-4, 8-11, 18-19, 22-23, and 30-31.
May 2-4 – Trial: When presented with an expert report on May 3, Guillermo de Chea indicates that she “does not know that document” and that she “does not know much of the file,” explaining that she did not request a postponement out of respect for the court’s agenda.[22] The following day, when the presiding judge observed that defense counsel still did not have certain files, she orders Gómez’s defense lawyers to deliver all the evidence in their possession to Zamora’s defense counsel, and further orders Zamora’s lawyers to request any remaining files from the prosecution.[23]
May 8 – Trial: At the beginning of the afternoon session, Szejner requests authorization to leave early to attend a medical appointment.[24]
May 9 – Trial: At the beginning of the hearing, Guillermo de Chea informs the court that Szejner has withdrawn from the defense team, citing health issues and his doctor’s recommendation.[25]
May 11 – Trial: At the end of this hearing, Zamora requests that the court assign him a lawyer from the Institute of Public Criminal Defense (IDPP).[26] The trial is postponed until May 18.
May 12 – The IDPP appoints public defender Fidenza Orozco García to Zamora’s case.[27]
Timeline of Obstacles Faced by Defense Lawyers in the Cases of José Rubén Zamora & Samari Gómez
