- 26 laws, decrees or government decisions contrary to the Constitution. 3. Applying decrees, regulations, decisions or other provisions contrary to the law. 4. Addressing congratulations or criticism to the Executive, public officials or official institutions based on their actions. 5. Participating in elections in the territory where they exercise their functions to a greater extent than merely casting their vote. 6. Intervening in meetings, demonstrations or other acts of a political nature, even though every other citizen is allowed to do so. […] Article 108. All judges and justices are prohibited from exercising the law and prosecution activities in any court or tribunal, and may only defend personal cases, or those involving their spouse, wards, and relatives up to the fourth degree of consanguinity and second degree of affinity. The prohibition contained in the preceding paragraph does not include substitute judges and justices, or justices of the peace.116 B.2) Competent organs and disciplinary proceedings against judges in Honduras 77. Article 313 of the Constitution established that the Supreme Court was competent “[t]o appoint and to remove justices and judges, at the proposal of the Judicial Service Council.”117 Likewise, the Law on the Organization and Faculties of the Courts establishes that the Supreme Court has the authority “[t]o suspend, for disciplinary reasons, and to remove officials that it has appointed based on misconduct or serious offenses in the exercise of their functions, by summary information and a hearing for the official who it is proposed to suspend or dismiss.”118 78. Meanwhile, according to article 6 of the Judicial Service Act, the disciplinary proceedings were administered by three bodies: the Judicial Service Council, the Personnel Management Directorate and the Personnel Selection Committee.119 The Supreme Court of Justice, the Judicial Service Council, the Personnel Management Directorate and, during the initial stage, the General Inspectorate of Courts, took part in the proceedings against the presumed victims. 79. The Judicial Service Council depended on the Supreme Court of Justice and was its auxiliary “as regards the Personnel Management policy. It is composed of five members designated by the Supreme Court of Justice, two of whom are justices of that court.120 The Council’s functions include hearing and deciding “[t]he problems, conflicts and claims filed with regard to Personnel Management and those that arise between management and personnel as a result of the 116 Law on the Organization and Faculties of the Courts, articles 3 and 108. 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 117 According to an amendment of January 20, 2006, the text of the article appeared to be: “[t]o appoint and to remove justices and judges at the proposal of the Council of the Judiciary and the Judicial Service.” However, in 2009, when the facts of this case took place, the Council of the Judiciary and the Judicial Service had not yet been created, so that, in principle, this function corresponded to the Judicial Service Council. Indeed, both the State and the representatives have indicated to the Court and to the Commission that this norm established that it corresponded to the Supreme Court of Justice “[t]o appoint and to remove justices and judges at the proposal of the Judicial Service Council” (underlining added). Cf. The State’s brief of October 14, 2010, presented to the Commission (evidence file, folio 73), brief with pleadings, motions and evidence received on June 19, 2014 (merits file, folio 530) and 1982 Constitution of the Republic of Honduras (as amended up until January 20, 2006), article 313. Available at: http://www.poderjudicial.gob.hn/CEDIJ/Leyes/Documents/CONSTITUCI%C3%93N%20DE%20LA% 20REP%C3%9ABLICA%20%2809%29.pdf 118 Law on the Organization and Faculties of the Courts, article 78(10). 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 119 Cf. Judicial Service Act, article 6 (evidence file, folio 4151). 120 Cf. Judicial Service Act, articles 7 and 8 (evidence file, folio 4152).