8
19
date where a substitute judge or magistrate takes office . According to the information presented, the
removal of judge López Lone and magistrate Flores Lanza was effective on July 1, 2010, with the
20
appointment of substitute judges . In other words, before the Consejo de la Carrera Judicial (Judicial
Career Council) made a decision and before the dismissals were effective according to the internal
21
norms.
30.
In respect to the alleged lack of presentation of an amparo, the Commission observes
that according to Honduran law there is a double limitation for filing the aforementioned remedy. First, in
order to declare an amparo admissible, it is required to exhaust all domestic remedies related to the
reported situation, which in the instant case refers to the resolution of the remedy brought before the
22
Consejo de la Carrera Judicial (Judicial Career Council), to date pending . Second, if the Council had
issued a decision, an amparo filing would have not been admissible according to Article 31 of the
Reglamento del Consejo de la Carrera Judicial (Regulation of the Judicial Career Council), which
establishes that “no remedies of any kind, either regular or special, shall be admissible against final
decisions handed down by the Council.” Consequently, in both situations, the filing of a judicial remedy
would have been hindered in term of Article 46 of the Convention.
31.
Moreover, according to Article 31 thereof, it is not possible to request a judicial review of
the disciplinary proceeding for Judicial Branch officials. In that way, not only an amparo cannot be filed
but any other type of remedy.
32.
Given the interplay between the effectiveness of the available remedies for the purposes
of exhaustion of domestic remedies and the possible violations of human rights at issue in the case, the
Commission considers that the question of the prior exhaustion of these remedies must be taken up with
the merits of the complaint. Accordingly, the Commission will join this aspect of the exhaustion of
domestic remedies to the merits of the case.
2.
Deadline for submitting the petition
33.
According to Article 46(1)(b) of the Convention, for a petition to be admitted it must be
submitted within six months of the date on which the petitioner was notified of the final decision in the
domestic jurisdiction. Nonetheless, as provided in Article 32(2) of the IACHR’s Rules of Procedure, in
those cases in which the exceptions to prior exhaustion rule apply, the petition must be submitted within a
time Commission considers reasonable. To this end, the Commission should consider the date of the
alleged violation of rights and the circumstances of each case.
34.
In the petition under study, the IACHR considers that the exception to the prior
exhaustion requirement provided for at Article 46(2)(a) and (c) of the American Convention applies.
Mindful of the date on which the dismissals of the alleged victims took place (resolution of the CSJ of May
5, 2010), and the date on which they filed remedies before the Consejo de la Carrera Judicial (June 30,
2010) –to date pending-, the IAHCR concludes that the petition, submitted on July 6, 2010, was submitted
in a reasonable time, and, therefore, it considers that the requirement established at Article 46(1)(b) of the
Convention has been satisfied.
3.
Duplication of international proceedings and res judicata
35.
Nothing in the case file indicates that the substance of the petition is pending in any other
international settlement proceeding or that it is substantially the same as any other petition already
19
Supreme Court of Justice, Agreements No 346, 348, 371 and 372.
20
The petitioners indicate that in September 2010, judge Chévez de la Rocha was informed of the appointment of a
susbtitute for his position.
21
The pertinent part of Article 65 of the Ley de Carrera Judicial (Law of Judicial Career) states: “The dismissal is
confirmed once all remedies filed by the interested party are exhausted and denied”.
22
Article 46 (inadmisibility of the remedy of amparo) of the Ley sobre Justicia Constitucional (Constitutional Justice Law).