“…. Likewise, exercising control over [the guarantees] granted to the Supreme Court of Justice through the Constitutional Chamber, in its indisputable capacity as the last and definitive interpreter in the making of decisions submitted for its consideration. When its decisions are not unanimous, [the matter] goes before the Plenary of Justices to be heard and decided upon. “That [the Court], fully embracing the promise under the law ‘to be faithful to the Republic, to comply with and enforce the Constitution and laws,’ with independence of legal judgment and disregarding exogenous elements of any kind, firmly rejects the insinuation that the decisions issued by the Constitutional Court of the Supreme Court of Justice are biased toward one sector of the Honduran nation, something that is incongruous because its decisions are made solely in compliance with the Constitution and the laws in effect, so that it acts properly, without applying anything beyond the legal criteria. “…. It is once again affirmed that the Constitutional Chamber and the Supreme Court of Justice will continue to purposefully assume the democratic role that they must maintain in order to ensure unrestricted constitutional supremacy, controlling and submitting to the judicial system the actions of the other branches of government when these do not fit in harmoniously with the international human rights instruments, the Constitution, and the laws…. “For the sake of institutional tranquility and respect for the principle of powers, we believe that the attacks on the independence of the judiciary and on democratic institutions must cease, given that the branches of government do not have any more powers than those granted to them expressly by the Constitution and the law, and they must submit themselves to the rule of law.” 13 26. Subsequently, Deputy Rodolfo Zelaya of the ruling party, using his prerogative of legislative initiative, presented a motion to the Congress to establish a Special Committee to investigate the supposed “administrative conduct of the justices of the Supreme Court of Justice of Honduras.” 14 27. As the information attached to the case file shows, on December 10, 2012, the Honduran Congress created a committee to investigate the conduct of the justices of the Constitutional Chamber of the Supreme Court who voted to declare the Special Law to Purge the Police Force of Corruption to be unconstitutional. One news account reported the following: “The National Congress created a committee made up of four juanorlandista deputies, two from the liberal party, one from the UD, and another one from the DC, to examine the conduct of the justices of the Constitutional Chamber. The measure took place two hours after the plenary of the CSJ [Supreme Court] issued a decision on the legality of the decree that allows members of the police force to be terminated based on confidence tests. “…. This decision came about after the legislative and executive branches launched a series of attacks on the judiciary, after the Constitutional Chamber voted 4 to 1 against the decree related to the police purge because they considered it to be unconstitutional.” 15 28. On the evening of December 11, 2012, the Special Committee appointed by the Honduran Congress issued a report affirming that administrative irregularities had been committed in the proceeding related to the constitutional challenge filed against the Special Law to Purge the Police Force of Corruption. This report was approved by the Plenary of the Legislative Chamber, and consequently a motion was presented, signed by a number of congressional deputies, calling for the dismissal of the justices of the Constitutional Chamber for conduct “contrary to the public interest.” 16 According to publicly available information, the session of Congress took place with the building surrounded by members of the armed forces. 17 29. Meeting in session during the early morning hours of December 12, 2012, the Honduran Congress decided to remove the alleged victims from their posts as justices of the Constitutional Chamber of the Supreme Court. It was also determined that they would be replaced by the attorneys Germán Vicente García, Silvia Trinidad Annex 11. Judiciary of Honduras, public communiqué of December 5, 2012. Annex to the initial petition of February 5, 2013. Annex 12. National Congress, Official Document No. 480-2012/CN. Annex to the petitioners’ brief of November 20, 2018. 15 Annex 13. El Heraldo, press report: Aplanadora nacionalista aprueba investigar conducta de magistrados, Tuesday, December 11, 2012. Annex to the initial petition of February 5, 2013. 16 Annex 14. Press report, Diario Tiempo: Aprobada moción para investigar la conducta de magistrados de la CSJ, Tuesday, December 11, 2012. Annex to the petitioners’ brief of November 20, 2018. 17 Annex 15. Press report, El Heraldo: Congreso de Honduras asesta golpe técnico al poder judicial, December 12, 2012, available at http://www.elheraldo.hn/Secciones-Principales/Al-Frente/Congreso-de-Honduras-asesta-golpe-tecnico-a-la-CSJ. Annex to the petitioners’ brief of November 20, 2018. 13 14 6