2
7.
The petitioners argue the international responsibility of the State for the allegedly arbitrary
and illegal dismissal from office of judges Adán Guillermo López Lone, Luis Alonso Chévez de la Rocha
and Ramón Enrique Barrios Maldonado, and of magistrate Tirza del Carmen Flores Lanza, all members
1
of the Asociación de Jueces por la Democracia (AJD) , an organization that was allegedly subject to
harassment and persecution at the hands of the Supreme Court of Justice (hereinafter “CSJ”), in
particular, after the coup d’état of June 28, 2009. They note that during the political crisis of 2009, the
AJD adopted a legal position that criticized the CSJ, a State organ that described the coup d´état as
2
a process of “presidential succession” in accordance with the Constitution and the law . According to
the petitioners, for the mentioned position of the AJD, the CSJ started a campaign to silence criticism and
disagreement within the Judicial Branch, which included dismissals, transfers and other sanctions; in
3
which context they present the facts of the instant petition. They further indicate that the alleged victims
were dismissed from office for the following facts:
Judge Adán Guillermo López Lone: The petitioners allege that on July 5, 2009, judge
López Lone, member of the Sala Primera del Tribunal de Sentencia de San Pedro Sula (First Division of
the Sentencing Tribunal of San Pedro Sula), participated in a pacific protest that denounced the breach of
the constitutional order and called for the reestablishment of democratic institutions in Honduras. The
petitioners note that judge López Lone participated in the demonstration as a citizen, without wearing any
official emblems or political-party symbols. Furthermore, they indicate that judge López Lone did not
identify himself as a public official and that the demonstration took place in a non-working day. The
petitioners state that the demonstration was pacific and that violent acts only took place when military
forces attacked a group of citizens. They further indicate that the attack caused a “huge human
stampede.” As a result, the alleged victim suffered a fracture in his left leg and had surgery. They add that
he was unable to work for more than 90 days.
Judge Luis Alonso Chévez de la Rocha: On August 12, 2009, judge Chévez de la
Rocha, from the Juzgado Contra la Violencia Doméstica de San Pedro Sula (Tribunal Against Domestic
Violence of San Pedro Sula), was at the main entrance of the “City Mall” shopping center, when a
demonstration in opposition to the coup d’état passed by. They indicate that, at that moment, security
troops showed up and without warning attacked the demonstrators. They allege that when the judge
observed that police forces were beating a group of elderly people, he identified himself as a public
official. According to the petitioners, his declaration angered the police authorities so they arrested him.
He was taken, with a group of people, to a police station. They indicate that his release took place during
that night after a habeas corpus was filed before the Corte de Apelaciones Seccional (Sectional Court of
4
Appeals).
Judge Ramón Enrique Barrios Maldonado: On August 19, 2009, judge Ramón
Enrique Barrios Maldonado, member of the Sala Primera del Tribunal de Sentencia de San Pedro Sula
(First Division of the Sentencing Tribunal of San Pedro Sula), acting in his condition of professor of
Constitutional Law at Universidad Nacional Autónoma de Honduras, gave a conference on the
1
The petitioners indicate that the AJD was established on August 12, 2006, in San Pedro Sula, by independant judges,
with the aim to protect the fundamental rights of society, in general, and of judges, in particular, looking for effective an d
legitimate justice to strengthen the Rule of Law. They inform that judge López Lone serves as President, magistrate Flores
Lanza acts as Secretary, and judges Chévez de la Rocha and Barrios Maldonado are associates since 2008 and 2006,
respectively.
2
They argue that the Supreme Court issued a press release inviting "all officials and employees of the Judicial Branch
to participate in the Demonstration for Peace in Honduras on Tuesday, June 30, 2009,” during working hours.
3
They indicate that AJD legal opinion was made public through press releases, statements and other actions on behalf of
the association and their members. They add that their actions were part of a general condemnation of the coup d’état, in line with
the strong rejection of the international community that also condemned the breach of the constitutional order.
4
The petitioners allege that the Corte de Apelaciones Seccional de San Pedro Sula (Court of Sectional Appeals of San
Pedro Sula) sent a photocopy of the file and the resolution that declared the arrest ilegal to the Fiscalía Especial de Derechos
Humanos de San Pedro Sula (Public Prosecutor’s Special Office for Human Rights). However, they indicate that, to date, they
have not been informed of any police or Public Prosecutor’s Office inquiries about those facts.