- 23 events, the 1982 Constitution of the Republic Honduras as amended up until January 20, 2006 (hereinafter “the Constitution”), was in force. This Constitution established the creation of a Council of the Judiciary and the enactment of a law to regulate its organization, scope and faculties.101 However, at the time of the events, that law had not been enacted; thus the 1980 Judicial Service Act and its 1987 Regulations were applicable.102 In addition, according to information provided by the parties, the following were also applicable: the 1906 Law on the Organization and Faculties of the Courts (as amended up until 1988), the 1988 rules of procedure of the Judicial Service Council, and the 1995 rules of procedure of the General Inspectorate of Courts.103 71. In addition to these norms, the authorities who decided the disciplinary proceedings against the presumed victims applied the Code of Ethics for Judicial Officials and Employees,104 the IberoAmerican Model Code of Judicial Ethics,105 and the Statute of the Ibero-American Judge.106 B.1) Rights and duties of judges and incompatibilities with the office 72. The Constitution establishes that: 101 Cf. 1982 Constitution of the Republic of Honduras (as amended up until January 20, 2006), article 317, which establishes: “The Council of the Judiciary shall be established, and its members shall be designated by the Supreme Court of Justice. The law shall indicate its organization, scope and faculties. Judges and justices may not be removed, suspended, transferred, demoted or retired, unless this is based on the reasons and with the guarantees established by law.” Available at: http://www.poderjudicial.gob.hn/CEDIJ/Leyes/Documents/CONSTITUCI%C3%93N%20DE%20LA%20REP%C3%9ABLICA%2 0%2809%29.pdf 102 Cf. Judicial Service Act (evidence file, folios 4150 to 4176), and Regulations governing the Judicial Service Act (evidence file, folios 158 to 209). 103 Cf. Law on the Organization and Faculties of the Courts. Available at: http://www.poderjudicial.gob.hn/CEDIJ/ Leyes/Documents/LEY%20DE%20ORGANIZACI%C3%93N%20Y%20ATRIBUCIONES%20DE%20LOS%20TRIBUNALES%20% 28ACTUALIZADA-07%29.pdf; Rules of procedure of the Judicial Service Council (evidence file, folios 209 to 223), and Rules of procedure of the General Inspectorate of Courts. Available at: http://www.poderjudicial.gob.hn/transparencia/ regulacion/Documents/Reglamento%20de%20la%20Inspector%C3%ADa%20General%20de%20Tribunales.pdf 104 Cf. Code of Ethics for Judicial Officials and Employees, adopted by the Supreme Court of Justice by Judicial Decision No. 558 (evidence file, folios 5613 and 5619). In particular, in the proceedings of the presumed victims, the Supreme Court cited and applied the following provisions of that Code: “Article 1: Judges, Justices, Judicial Auxiliaries and other personnel of the Judiciary must exercise their functions with dignity, abstaining from any conduct contrary to the seriousness and decorum that these require. Consequently, they must: […] (d) Avoid going to indecorous places or participating in events that could alter public order. […] (f) Attend, on time, the hearings or meetings legally called by the superior authorities, provided these have been scheduled previously. Article 2: Justices or Judges must exercise their functions with integrity; thus, they must act with honesty, independence, impartiality and equanimity. To this end, they must: […] (d) Abstain from expressing or communicating political opinions, publicly or privately. Their intervention should be restricted to exercising the right to vote. […] (f) Act, above all, in a way that their conduct does not cause even the least suspicion that they have act based on any motive other than the correct application of the law. […] Article 8. All justices and judges must conduct themselves in their private and social life respecting the following rules: (a) they must conduct themselves in a way that no one can doubt that they are exemplary citizens, offering serenity in their opinions, prudence in their actions, and reflection in their decisions. […] Article 9: Violations of the norms of this Code shall be sanctioned pursuant to the law.” According to information provided by the State, which was not contested by the representatives, this Code forms part of domestic law, “approved by Judicial Decision No. 558 of July 1, 1993, and published in Official Gazette No. 27126 of August 19, 1993; it is a law of the Republic and, therefore, compliance with it is compulsory.” Cf. Brief of the State received on August 7, 2015 (merits file, folio 1886), and brief of the representatives received on August 12, 2015 (merits file, folio 1899). 105 Cf. Ibero-American Model Code of Judicial Ethics, 2006. Available at: http://www.poderjudicial.gob.hn/ CUMBREJUDICIALIBEROAMERICANA/Documents/CodigoEtico.pdf According to information provided by the State, which was not contested by the representatives, this Code was adopted by the judicial authorities in June 2006 and contains “binding norms of an infra-legal nature.” Cf. Brief of the State received on August 7, 2015 (merits file, folio 1885), and Brief of the representatives received on August 12, 2015 (merits file, folio 1899). 106 Cf. Statute of the Ibero-American Judge. Available at: http://www.poderjudicial.gob.hn/transparencia/regulacion/ Documents/Estatuto%20del%20Judge%20Iberoamericano.pdf According to information provided by the State, which was not contested by the representatives, this Code was adopted by the judicial authorities in May 2001 and contains “binding norms of an infra-legal nature.” Cf. Brief of the State received on August 7, 2015 (merits file, folio 1885), and Brief of the representatives received on August 12, 2015 (merits file, folio 1899).