A case of nepotism and corruption investigated by a Guatemalan newspaper was censored before disclosure of information about public officials based on an unusual legal tool for this type of situation: the country’s femicide law.

Three journalists from the vehicle handPeriodic received a court order imposing restrictions based on a criminal case brought by Dina Bosch Ochoa, the daughter of the head of the country’s Constitutional Court (equivalent to the Federal Supreme Court).

Bosch Ochoa accuses media professionals of “violence against women in the public sphere” for publishing a report in March with the Guatemalan Supreme Electoral Court (TSE) to renew her contract for an indefinite position, raising suspicions of corruption.

Lawsuit encourages advance censorship of journalists in Guatemala

This handPeriodic reported the accusations of journalists in a social media post on May 17.

The newspaper’s editor, José Rubén Zamora, editor Gerson Ortiz and reporter Cristian Velix were sued by Dina Bosch Ochoa over an article published last month about the renewal of her contract with the Guatemalan TSE – according to the tool, the plaintiff himself recognizes it as “correct and public”.

The complaint was based on the Law on Femicide and Other Violence Against Women. According to the newspaper, the case was initially dismissed because B.osch Ochoa did not appear in court on the stipulated date and because he had no personal or business relationship with the defendants.

However handPeriodic It states that it isThe country’s Ministry of Public Affairs (MP) filed an extraordinary appeal, reversing the negative decision against the daughter of the head of the supreme judiciary.

Based on this action by the MP, the Guatemalan Women’s Murder Tribunal banned the newspaper from publishing any information about B.osch Ochoa, reaching out to family members, including his mother – The President of the Constitutional Court, Dina Ochoa, is both in public office.

This handPeriodic condemns it It “directly violates” Article 35 of the Guatemalan Constitution, which guarantees freedom of the press.

In the article, it is stated that “Publications containing complaints, criticisms or accusations against public officials or officials due to their actions during the performance of their duties do not constitute a crime or misdemeanor”.

elPeriodico condemns: pic.twitter.com/KPd0lsFq8k

— elPeriodico (@el_Periodico) 17 May 2022

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According to the EFE agency, the Inter-American Press Association (SIP abbreviation) has classified a judicial decision banning the distribution of public-interest information in the public interest as “pre-censorship.” hand Periodic.

The organization claimed the case was the “inappropriate” application of the Femicide and Other Violence Against Women Act in Guatemala, which has the principle of “neutralizing discrimination, preventing femicide and promoting gender equality”. And he pointed to fears that such important legislation would be used to “silence the press.”

Carlos Jornet, chair of the IAPA Committee on Freedom of Press and Information, said:

“The unwarranted use of arbitrary demands based on this law constitutes abuse and serves to harass the media before the judiciary.”

CPJ also condemned the prosecution of Guatemalan journalists

The Committee to Protect Journalists (CPJ) also criticized the lawsuit filed by the Constitutional Court president’s daughter against Guatemalan journalists.

And he stressed that if they’re professionals handPeriodic If found guilty, they are sentenced to five to eight years in prison.

Natalie Southwick, coordinator of CPJ’s Latino Affairs and Americas and Caribbean program in New York, recalled that the Femicide Act was created “to deal with the country’s high rates of gender-based violence, not to allow powerful individuals to escape criticism or censorship.” Press.”

“[A Guatemala não deve permitir] authorities and those close to them use laws designed to protect women to intimidate journalists.”

The Guatemalan newspaper states that this is the 17th complaint received through “lawful manipulation” that should protect women from violence, and none of them fit the prescribed crime types and should be decided in the country’s Press Court.

“We will continue to monitor the force and will honorably welcome any attempt to silence us,” he said. handPeriodicJosé Rubén Zamora to EFE.

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Guatemala ranks among the worst for press freedom in Latin America

Nine Latin American countries, including Guatemala, classified the press freedom situation as difficult or very serious in the Reporters Without Borders (RSF) Global Index released on May 3.

In five, journalism operates in a difficult scenario: El Salvador (112th), Guatemala (124th), Bolivia (126th), Mexico (127th) and Colombia (145th).

RSF points out that freedom of the press is guaranteed in the country’s Constitution, but this right is “constantly violated by public authorities or political actors.”

“Journalists and media outlets who investigate or criticize corruption and human rights abuses are often attacked in the form of harassment campaigns and criminal prosecutions.”

The state of the press in the country that allows for pre-censorship situations hand Periodic, RSF remembers grappling with a sociopolitical crisis more than five years ago.

“Disclosure of journalistic investigations into acts of corruption, human rights abuses or illegal practices by private companies makes responsible journalists and media organizations the target of multiple attacks:

From smear campaigns on social media to police harassment and criminalization, all with the approval of the Public Ministry and the Supreme Court.”

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