Néstor Humberto Martínez stigmatizes the press to divert the questioning on his actions

On several occasions, former prosecutor Néstor Humberto Martínez referred to the press in a stigmatizing manner, and has questioned, without grounds, the journalistic investigations into matters related to his actions as General Prosecutor of the Nation. This sets up a strategy to intimidate journalists who investigate and publish information of the utmost public relevance. 

On November 26, former prosecutor Martínez discredited the investigative work carried out by various journalists in a political control session in the Senate's First Committee. He pointed out to Edison Bolaños, a reporter from El Espectador newspaper, alleging that he did not perform an independent or diligent work, and stated that editorial decisions were intended to cover up Jesus Santrich.

In his own terms: “Oh, they will not show that one because they want to play on the side of the defender of Santrich and of Mr. Bolaños, that this was cocaine was from the Office of the Prosecutor. And before that publication I told Mr. Bolaños in writing, I have the writings here, and I told the newspaper director: ‘gentlemen, that cocaine was not from the Office of the Prosecutor’. It does not matter, they did not even bother to publish that was not true, in the words of the former general prosecutor.”

In addition, Martinez emphatically questioned the journalist's independence, accusing him of not having published all the information, to cover up someone, without showing any evidence*.  Requiring the complete publication of the investigative material of a journalist constitutes a violation of the confidentiality of the source that, in addition, can endanger both the source and the journalist. 

Martínez did not support any of these serious accusations with evidence, and on the contrary wanted to generalize, knowing very well that this weakens the work of a free and independent press. 

Likewise, FLIP rejects Martínez's public announcement of his intention to denounce journalist María Jimena Duzán for having mentioned the order he would have given to intercept politicians and peace negotiators. FLIP is aware that in this case the former prosecutor has already judicially harassed Duzán, through various writs for protection of fundamental rights that seek to silence the press and prevent reporting on matters related to his actions, citing the violation of his fundamental rights to honor and goodwill. These writs for the protection of fundamental rights have already been decided in favor of the journalist. 

For FLIP, Martínez's intimidating message to the press reaches a strong level, by referring to the need to use criminal law against journalists. It is worth reiterating that the Inter-American Court of Human Rights has held that “the use of criminal law to sanction expressions on matters of public interest or on public officials, candidates for public or political office, violates in itself Article 13 of the American Convention”. 

On the other hand, these messages against the press have created a permissive atmosphere of aggression, which has resulted in increased risk for journalists. FLIP is aware that those investigating matters related to the proceedings of the former prosecutor have had to seek protective measures.

FLIP expresses its concern about this situation, as a clear intention to silence a matter of public interest is evident, making use of his position and public exposure, despite the duty to endure greater public scrutiny. We also reiterate that the use of criminal law is incompatible with international standards for the protection of freedom of speech.  Judicializing the public debate as a strategy of censorship of the press from a position of power, removes democratic credentials and reduces the flow of information and democratic procedures. 

Finally, FLIP also calls on the National Protection Unit to address journalists' requests, without yielding to pressures that may come from the power position of those involved. These security guarantees are indispensable for the free and independent exercise of the journalistic trade, that contributes to democracy and to citizen control on matters of high public interest. 

 

*“I know that the journalist has all this information, but he selectively has not published it. Why doesn't he disclose it, so then it can be known how the mouse was hovering over the cheese, that is, the money for the demobilized guerrillas?... And then they say that it is the authorities that are against the reinsertion to society of these people.”