- 82 as not to incur any of the grounds for dismissal, […] and giving the authorities charged with applying them a large margin of discretion, [thus failing to] meet the standards of predictability required by Article 9 of the Convention.” Regarding (ii), the absence of any relationship between the grounds cited and the conducts penalized, the Commission argued that the decisions to dismiss the presumed victims cited and transcribed, indistinctly, articles with contents of the most diverse nature and with the most diverse content, without justifying the relationship between the conduct and the norm applied. Thus, it considered that “the non-specific use of disciplinary provisions, without clear rules referring one to the others and without providing the corresponding statement of reasons, [resulted in] a lack of clarity as to how the specific acts were adapted to each of the provisions; thus, constituting a violation of the principle of legality.” 253. Regarding (iii), the lack of clarity as regards the normative sources of the sanctions applied, the Commission remarked that “grounds were used that were established in laws of different normative levels, including codes of ethics and norms issued by international summits such as those from the Statute of the Ibero-American Judge and the Model Ibero-American Code of Judicial Ethics.” It also indicated that, in this case, “it ended up by imposing sanctions established in the Judicial Service Act as a legal consequence of supposed non-compliance with ethical standards for which, owing to their inherent nature, the text did not establish any sanction.” Regarding (iv) the lack of predictability of the sanctions applied, it explained that, “from the point of view of the domestic legal system, imposing a sanction on the victims for conduct established in instruments other than the Judicial Service Act would be contrary to article 51 of the Judicial Service Act which establishes that officials may only be removed for conduct that constitutes grounds for dismissal.” According to the Commission, “the fact that no sanctions were established in these instruments for the grounds invoked in the proceedings against the presumed victims (with no clear rules concerning the referral of one legal system to another, and without this being justified by the disciplinary authority), was contrary to the principle of legality protected by Article 9 of the Convention”. Lastly, the Commission argued that (v) grounds were applied that were incompatible with the principle of legality, in order to establish disciplinary sanctions against the presumed victims, which unduly restricted the lawful exercise of other rights, such as freedom of expression and the right of assembly. 254. The representatives argued that the principle of legality had been violated in this case because: (i) “a series of imprecise and vague norms had been applied in the disciplinary proceedings that prejudiced the presumed victims”; (ii) “there is no clear relationship between the grounds that gave rise to disciplinary responsibility and the consequences that corresponded to this [under the laws of Honduras],” and (iii) disciplinary sanctions against judges must be established by law. They agreed that “the provisions of the disciplinary regime […] were drawn up in a vague and imprecise way, facilitating arbitrariness and the consequent violation of the human rights of those subject to them.” They added that the use of certain terms “entailed subjective assessments that offered no clarity as regards the definition of the conduct to be sanctioned,” and that the wording of some norms was “very broad and general.” Therefore, they asserted that “the grounds cited against the victims did not respect the characteristics of clarity and precision required to comply with the principle of legality, and this allowed for an arbitrary interpretation of their content.” Thus, “it was not possible for the [presumed] victims to understand clearly that their protests against the breakdown of the democratic institutional framework and in favor of the re-establishment of the rule of law constituted expressions and manifestations of a political nature susceptible of being sanctioned.” Furthermore, in the case of Justice Flores Lanza, they argued that the norms applied in her proceeding were “not clear either as regards acts that [could] be considered forming part of the practice of law, which grant[ed] broad discretion to interpret its content.” 255. They indicated that “given the diverse norms that established punishable conduct in judges, and the omissions that existed in those norms, it was not possible for the [presumed] victims in this case to be clear about the framework that regulated their acts, the conducts that could be

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