21. To appoint special committees to investigate matters of national interest. The summons of such committees shall be compulsory under the same penalty of contempt as the one used in the judicial process…. Article 303. The power to dispense justice emanates from the people and is administered free of charge on behalf of the State by independent justices and judges, subject only to the Constitution and the laws. The judicial branch consists of a Supreme Court of Justice, the Courts of Appeals, the courts, by tribunals with exclusive competence in zones of the country subject to special regimes created by the Constitution of the Republic and additional offices specified by law…. Article 311. The Justices of the Supreme Court of Justice shall be elected by the National Congress, with the favorable vote of two thirds of its total membership, from a nominee pool of candidates of no less than three for each one of the justices to be elected…. Article 314. The term of the Justice of the Supreme Court of Justice shall be seven years beginning at the date on which they take oath, and they may be re-elected. In the case of death, disability that impedes the exercise of office, substitution for legal reasons or resignation, the Justice that fills the vacancy shall occupy the office for the rest of the term and shall be elected by the National Congress through the favorable vote of two thirds of the total membership. The substitute shall be elected from the remaining candidates proposed by the Nominating Board at the beginning of the term. Article 316. The Supreme Court of Justice is organized in chambers, one of which is the Constitutional [Chamber], formed by five Justices. When the decisions of the chambers are pronounced by unanimity of votes, they must be put forth in the name of the Supreme Court of Justice and have decisive character. When there is not unanimity in making the decision on the matter, the justices who have participated in the chamber may not be included in the full court. The constitutional chamber has the following powers and duties: 1. To take cognizance of, in accordance with this Constitution and the law, of writs of habeas corpus or personal appearance, habeas data, amparo, unconstitutionality, and review; and 2. To resolve conflicts between the powers of state, including the Supreme Elections Tribunal, as well as between the other entities and bodies indicated by law. The decisions in which unconstitutionality of a law is declared are of immediate execution and have general effect, and abrogate the unconstitutional law, and must be communicated to the National Congress, which shall make it published in the official journal La Gaceta. The regulations shall establish the organization and operation of the chambers. B. Appointment of the alleged victims and decisions issued by the Constitutional Chamber of the Supreme Court 18. José Francisco Ruiz Gaekel, José Antonio Gutiérrez Navas, Gustavo Enrique Bustillo Palma, and Rosalinda Cruz Sequeira were elected by the Congress of the Republic, by means of Decree No. 02-2009 of January 26, 2009, as justices of the Constitutional Chamber of the Supreme Court for the constitutional term of January 26, 2009, to January 25, 2016. 2 19. Since the beginning of its judicial term, the Constitutional Chamber heard and ruled on several laws passed by the Congress that it found unconstitutional, having deemed them to be contrary to the supreme law of Honduras. On February 1, 2012, it declared that Legislative Decree 108-11, known as the “1% Law,” 3 was unconstitutional, which prompted the then-President of the Republic, Porfirio Lobo, to make statements about that action by the judicial branch. 4 2 Annex 1. National Congress of the Republic, Decree No. 02-2009 of January 26, 2009, published in the Official Gazette, No. 31,828 of February 3, 2009. Annex to the initial petition of February 5, 2013. 3 Annex 2. Constitutional Chamber of the Supreme Court of Justice, Judgment of February 1, 2012. Annex to the petitioners’ brief of November 20, 2018. 4 Annex 3. Press reports: El Heraldo, Friday, December 14, 2012, available at https://www.elheraldo.hn/alfrente/565663-209/hechosque-originaron-zarpazo-contra-el-poder-judicial, and El Heraldo, Thursday, February 23, 2012, available at https://www.elheraldo.hn/pais/569202-214/pepe-contratara-comision-para-evaluar-fallos-de-la-corte-suprema-de-justicia. Annexes to the petitioners’ brief of November 20, 2018. 4