6 the Constitution, treaties, conventions and other international instruments.” It also adds that the legal framework contemplates the possibility to recuse judges. 20. In respect to the characterization of the alleged violations to the rights of the American Convention, the State refutes all statements presented by the petitioners regarding the lack of judicial guarantees and protection. It also states that the disciplinary proceeding offers the aforementioned public officials all guarantees for the respect of their rights. In addition, it indicates that this statement is contradictory with the allegation of the petitioners related to the lack of guarantees for their right of defense in the disciplinary proceeding against them. Additionally, the State indicates that all the petitioners were provided with copies of the files. In respect to the alleged lack of independence of the Consejo de la Carrera Judicial (Judicial Career Council), it argues that if that reasoning is followed, it could also be affirmed that the petitioners did not have independence in the exercise of their functions as 14 all were appointed by the CSJ . 21. In respect to the right to freedom of expression, the State alleges that this is not an absolute right and therefore it is possible to impose subsequent liability for its abuse to ensure respect for the rights of others, public order, or public health or morals. In respect to the right of reunion, the State alleges that the instant case is referred to the participation of members of the Judicial Branch in political demonstration that were incompatible with their duties as public officials. In respect to the right to freedom of association, the State indicates that the Asociación de Jueces por la Democracia (AJD) is a legal entity with full legal capacity. It also states that even the CSJ web site advertises this association and that the petitioners carried out their activities without interference of the State or its organs. IV. ANALYSIS A. Competence ratione personae, ratione loci, ratione temporis, and ratione materiae of the Inter-American Commission 22. The petitioners are entitled, under Article 44 of the American Convention, to lodge complaints with the IACHR. The petition identifies, as its alleged victims, individuals with respect to whom the Honduran State had agreed to respect and ensure the rights enshrined in the American Convention and in other international instruments. The IACHR therefore has competence ratione personae to hear this petition. 23. The Commission has competence ratione loci to deal with the petition, since it alleges violations of rights protected by the American Convention occurring within the territory of a State party thereto. 24. The IACHR has competence ratione temporis, in that the alleged facts took place when the obligation of respecting and ensuring the rights enshrined in the Convention was already in force for the State of Honduras, which ratified the American Convention on September 5, 1977. Finally, the Commission has competence ratione materiae, since the petition describes violations of human rights that are protected by the American Convention. B. Other requirements of admissibility 1. Exhaustion of domestic remedies 25. Article 46.1(a) of the American Convention states that, for a complaint lodged with the Commission to be admissible under Article 44 of the American Convention, the remedies available under domestic law must have first been pursued and exhausted in accordance with generally recognized 14 The State also indicates that the impartiality of the administrative proceedings could be verified because four judges of the Supreme Court, members of the Consejo de la Carrera Judicial (Judicial Career Council), had decided to excuse themselves to analyze the case.

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