The Constitutional Court (CC) confirmed the substitute measure that allows the journalist Jose Ruben Zamora Marroquin remain free, after approving the withdrawal of the appeal presented by the Public Ministry (MP) against the sentence that granted him protection.
The appeal had been promoted by the Public Ministry when the Special Prosecutor’s Office against Impunity (FECI) was directed by Rafael Curruchiche. However, the resolution known to the CC establishes that the withdrawal was presented and subsequently ratified by the fiscal agent Mario Raúl Véliz Guzmán, who is currently in charge of the Special Cases Unit of the Internal Armed Conflict of the FECI.
With this decision, the protection that allowed the restoration of the substitute measures in favor of Zamora is final and the constitutional challenge promoted by the Public Ministry against that resolution concludes.
The file has its origin in the amparo action promoted by Zamora against a resolution of the Second Chamber of the Court of Appeals of the Criminal, Narcoactivity and Crimes against the Environment branch, which had revoked the substitute measures granted by the Ninth Court of Criminal Sentencing.
The Supreme Court of Justice (CSJ) granted the protection on March 20, 2026, considering it appropriate to suspend the contested resolution and restore the journalist to the previous legal situation, thereby recovering the substitute measures granted by the court of first instance.
Dissatisfied with that decision, the Public Ministry filed an appeal before the Constitutional Court, an appeal that gave rise to the file now resolved by the highest constitutional court.
During the processing of the case, the Public Ministry presented a total withdrawal of the appeal. Subsequently, the Constitutional Court required that this decision be ratified personally.
When resolving the case, the magistrates concluded that, in accordance with article 75 of the Law of Amparo, Personal Exposure and Constitutionality, it was appropriate to approve the withdrawal presented by the Public Ministry.
Consequently, the Court ruled:
- Approve the total withdrawal of the appeal.
- Leave the protection ruling issued by the Supreme Court of Justice firm.
- Establish that said resolution produces full legal effects for the parties.
- Determine that the withdrawn resource cannot be renewed in the future.
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