20. Subsequently, the Constitutional Chamber declared Decree No. 185-2010, called the “Framework Law on
the Evangelical Church in Honduras,” 5 to be unconstitutional. In response, the then-President referred to the
Supreme Court publicly, calling its actions into question. 6
21. Another law the Supreme Court found to be unconstitutional was Legislative Decree No. 283-2010, known
as the “Model Cities Law,” which created Special Development Regions. 7 Following the ruling, Porfirio Lobo
said that “it is lamentable, the justices are doing great harm to the country.” 8
C. Draft judgment on the unconstitutionality of the Special Law to Purge the Police Force of Corruption
and the alleged victims’ dismissal
22. In the course of fulfilling its duties, the Constitutional Chamber heard two appeals filed by a number of
citizens challenging the constitutionality of the Special Law to Purge the Police Force of Corruption, contained
in Decree 89-2012 of May 25, 2012, as well as other regulations related to the institution of the Honduran
police. 9 As part of the constitutional proceedings, the Office of the Public Prosecutor [Ministerio Público] issued
an expert opinion on August 7, 2012, which deemed that the laws being challenged should be declared
unconstitutional. 10
23. On November 27, 2012, the Constitutional Chamber, by a vote of four in favor and one against, declared that
the police regulations being challenged were unconstitutional and could not be enforced. Nevertheless, since
the judgment was not unanimous, as required by law at that time, the ruling was sent to the Plenary of the
Supreme Court of Justice for a final decision. 11 The four votes in favor were issued by the alleged victims.
24. On December 4, 2012, the then-President called into question the justices of the Constitutional Chamber for
their decision, which was reported in the press as follows:
“…. In recent weeks, Lobo unleashed his anger against the Court after the Constitutional Chamber declared (on
November 27) that the Special Law to Purge the Police Force of Corruption, approved for six months until
November 25, was unconstitutional.
“In last week’s Council of Ministers, the president said aloud the names of the four justices of the Constitutional
Chamber who voted against the police purge and asked, ‘Whose side are they on? On the side of criminals or on
the side of the honest people of this country? Whose side are they on? The victims or their assailants? I tell you
this: I feel deceived [there was silence while he made a gesture of disapproval and hit one of his fists on the table],
I sincerely do.’
“Last Friday, after participating in a ceremony at the General Francisco Morazán Military Academy, he again called
into question the justices of the Constitutional Chamber, and this time he accused El Heraldo and La Prensa of
conspiring to act as a conduit for reactions from justices, judges, and church sources who called for the
independence of powers to be respected.” 12
25. On December 5, 2012, twelve Supreme Court justices issued a press release about comments questioning
actions the Court had taken through the Constitutional Chamber, in which they stated:
5 Annex 4. Constitutional Chamber of the Supreme Court of Justice, Judgment of February 7, 2012. Annex to the petitioners’ brief of
November 20, 2018.
6 Annex 5. Press report, La Tribuna, Thursday, February 23, 2012. Annex to the petitioners’ brief of November 20, 2018.
7 Annex 6. Constitutional Chamber of the Supreme Court, Judgment of October 17, 2012. Annex to the petitioners’ brief of November 20,
2018.
8 Annex 7. Press report, El Heraldo: Hechos que originaron el zarpazo contra el Poder Judicial, Friday, December 14, 2012. Annex to the
petitioners’ brief of November 20, 2018.
9 Annex 8. Constitutional Chamber of the Supreme Court, Judgment of November 27, 2012. Annex to the petitioners’ brief of November 20,
2018.
10 Annex 9. Office of the Public Prosecutor, Expert Opinion of August 7, 2012. Annex to the initial petition of February 5, 2013.
11 Annex 8. Constitutional Chamber of the Supreme Court, Judgment of November 27, 2012. Annex to the initial petition of February 5,
2013.
12 Annex 10. Press report, LaPrensa.HN: Lobo arremete contra la Corte ¿de qué lado están?, December 4, 2012, available at
https://www.laprensa.hn/honduras/tegucigalpa/330819-98/lobo-arremete-contra-la-corte-de-qu%C3%A9-lado-est%C3%A1n-dice.
Annex to the petitioners’ brief of November 20, 2018; El Heraldo, press report: Hechos que originaron zarpazo contra el Poder Judicial,
Friday, December 14, 2012. Annex to the initial petition of February 5, 2013.
5