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.