José Rubén Zamora

“Mr. Zamora, known for his investigative journalism into government corruption, has been a beneficiary of precautionary measures from the Inter-American Commission for Human Rights (IACHR) for nearly two decades due to the threats he faced as a journalist.”

报告记载 Zamora 的调查新闻工作及长期面临威胁；有关保护措施仅作为该报告记载，不声称已复核措施原文。

“On July 29, 2022, authorities conducted a raid on his house and arrested him on charges of money laundering, influence peddling, and blackmail based on a single complaint filed by a former banker who is under investigation for financial crimes.”

2022-07-29 的逮捕针对洗钱、影响力交易及勒索指控，指控不等于已证实行为。

“His defense lawyers were repeatedly harassed, forcing him to change counsel multiple times (totaling ten lawyers by the end of the trial). Four of his lawyers were prosecuted and pressured into accepting the charges against them; a fifth reported facing intimidation and threats, and left the country. His lawyers faced difficulty accessing critical evidence and documents in a timely manner,”

报告记录律师多次更换、部分律师被起诉及取证困难。律师本人被起诉的结果不归到 Zamora 名下；作者“骚扰”的定性保留为作者描述。

“On June 14, the presiding judge opened the hearing and declared the oral and debate period of the trial to be concluded.”

同章及脚注指向 2023-06-14 的宣判听证；与次页判项一起使用。

“Mr. Zamora was convicted of money laundering and sentenced to six years in prison.”

这是 Zamora 的一审有罪判项和六年刑期，后被撤销；不能作为截至报告仍有效的最终判决。

“Mr. Zamora was acquitted of the charges of blackmail and influence peddling.”

Zamora 的一审无罪仅限勒索和影响力交易两项，后亦被撤销；共同被告 Gómez 的无罪另属一人。

“In July 2023, the parties filed appeals: The Public Ministry filed two appeals (an appeal on formal grounds and a special appeal) requesting that the Appeals Court annul Mr. Zamora’s sentence and refer the case back to the trial court for a new debate and a new sentence, with different judges.240 Mr. Zamora’s defense counsel filed two appeals: 1. A special appeal on procedural grounds against the decision s made by the controlling judge in the evidentiary hearing, alleging a violation of the right to defense, based on: a) Preventing the defense from presenting exculpatory evidence in favor of the accused during the trial. b) The judge's authorization of the use of what they argued was illegal evidence against Mr. Zamora, specifically recordings of telephone conversations, made without authorization in Mr. Zamora’s home. The appeal asked for proceedings through the ‘offering of evidence’ hearing to be annulled so that the defense could present relevant evidence at trial.”

辩方实际在 2023 年 7 月提起上诉，要求撤销至证据提交阶段以补充辩护证据；同段检方提出的上诉不归作辩方行动。

“2. An appeal on the merits against the trial court for erroneous application of the law and violation of the principle of legality.”

第二项辩方上诉是针对法律适用及罪刑法定原则的实体争议，不是报告认为该请求已经获准。

“On June 21, 2023, the IACHR and its Special Rapporteur for Freedom of Expression “expressed their grave concern” over the prison sentence handed to Mr. Zamora. 238 It reiterated the Rapporteur’s previous request (made in September 2022)239 for an on-site visit to verify Mr. Zamora’s situation.”

美洲人权委员会及言论自由特别报告员表达关切并重申现场探访请求；不是确认探访已发生。

“On October 10, 2023, the Second Court of Appeals issued a decision based on the PGN’s special appeal. 245 It annulled the entire sentence: Mr. Zamora’s conviction for money laundering and his acquittals on the charges of blackmail and influence peddling . It also annulled the acquittal of Ms. Gómez. The Appeals Court ordered the case remanded to a new trial court, the Ninth Criminal Sentencing Court, for a new “debate” – that is, for a retrial beginning with the oral and debate stage of the proceedings . (This meant that Judge Orellana’s decisions in the proceedings through the evidentiary hearing would remain in place). The Appeals Court declined to consider Mr. Zamora’s appeals and the prosecutor’s appeals.”

上诉法院依国家总检察署的特别上诉撤销全部原判，并发回重审；Zamora 自己的上诉未被审议，不能归因于辩方上诉成功或写为最终无罪。

“245 Second Court of Appeals, Drug Trafficking and Environmental Crimes, No. 01079-2022-00280, Special Appeal 307-2023, October 20, 2023.”

仅核对本报告内部标记：脚注写 2023-10-20，正文写 2023-10-10。未独立调取所引原判，不确认哪一日是实际裁判日。

“The retrial ordered by the Appeals Court is pending awaiting a cassation decision by the Criminal Chamber of the Supreme Court. In the meantime, Mr. Zamora has remained in detention as of the publication of this report in February 2024.”

报告明确：重审等待最高法院刑事庭审查决定，Zamora 截至 2024 年 2 月仍被羁押。

“As part of the Clooney Foundation for Justice’s TrialWatch initiative, the ABA Center for Human Rights deployed three monitors to proceedings before the Seventh Court of First Criminal Instance, Drug Trafficking and Environmental Crimes and before the Eighth Criminal Sentencing Court, Drug Trafficking and Environmental Crimes in Guatemala City. The monitors were fluent in Spanish and able to understand the proceedings. The Center observed the hearings on August 3, 8 and 9, 2022 via video feed and audio recordings. Monitors were deployed in-person to the hearings on December 8 and 22, 2022; May 2-4, 8-9, 10-11, 18-19, 22-23, and 30-31; and June 14, 2023.”

ABA 人权中心以 TrialWatch 项目进行远程及现场监测；监测本身没有证明导致撤销判决或释放。

“1. Order the immediate release and dismissal of all charges against Mr. Zamora, acknowledging that the initial prosecution was unfounded and should not have occurred. However, if a retrial occurs, it must be conducted with strict adherence to international standards of due process and freedom of expression.”

作者建议立即释放并撤销全部指控，并为可能重审提出标准；这不是已经实施的措施。