- 28 reflected the way in which the State applied the relevant procedural norms in force at the time of
the facts (the Judicial Service Act and its Regulations, supra para. 70), together with constitutional
provisions, to the disciplinary proceedings of the presumed victims
83. However, according to the rules of procedure of the General Inspectorate of Courts, and the
Judicial Service Act and its Regulations, disciplinary proceedings were initiated by an investigation
carried out by the General Inspectorate of Courts, ex officio or following a complaint by someone, to
be completed within 30 days at the most, after which the file had to be forwarded to the Judicial
Service Directorate and to the Supreme Court.128 Once the investigation had been completed, the
Personnel Management Directorate had to summon the judicial employee, having decided the
charges that would be brought, so that the employee could appear before the Directorate and have
the opportunity to provide and request evidence. After the evidence had been obtained, “the
Directorate, or the Head of the unit hearing the case” would report on the results in the respective
record, following which the “Personnel Management Directorate will take the final decision on
whether or not to ratify the disciplinary sanction announced to the employee, notifying the decision
to the person concerned in writing.”129 However, this latter part was not applied because the
decision corresponded to the Supreme Court of Justice (supra para. 77).
84. Subsequently, according to the Judicial Service Act and its Regulations, “[t]he judicial officer
affected by a disciplinary measure or by dismissal may, within ten days at the most from the date
of notification of the disciplinary measure or the dismissal, contest the measure before the Judicial
Service Council.”130 The Council had to convene a hearing “so that the appellant and the Directorate
could appear and present evidence, to be presented within fifteen of the date on which it was
offered. Once the evidence had been presented, the Council would deliver its decision within the
following five working days.”131
85. Additionally, article 68 of the Judicial Service Act established that “[t]he decisions of the
Judicial Service Council resulting from a claim against dismissal may consist in confirmation of the
dismissal or reinstatement of the judicial official or employee concerned, either to the same post or
to another of the same category, with the right to receive the salary accrued since his removal from
the post.” Meanwhile, article 69 stipulates that “[t]he judicial officer who has been removed from
his post without a justified cause, shall have the right to be reinstated in his post, as provided for in
the preceding article, or to receive compensation equivalent to a month of salary for each year of
service up to a maximum of six years, when his reinstatement is not possible or desirable, pursuant
to the ruling of the Judicial Service Council.”132 Lastly, article 31 of the rules of procedure of the
Judicial Service Council establish that: “no ordinary or special appeal is allowed against the final
decisions issued by the Council” (supra para. 26).
C. The disciplinary proceedings against the presumed victims
C.1) Adán Guillermo López Lone
128
Cf. Rules of procedure of the General Inspectorate of Courts, Articles 10, 11, 14 and 15. Available at:
http://www.poderjudicial.gob.hn/transparencia/regulacion/Documents/Reglamento%20de%20la%20Inspector%C3%ADa%2
0General%20de%20Tribunales.pdf
129
Cf. Regulations governing the Judicial Service Act, article 190 (evidence file, folio 201).
130
Judicial Service Act, article 67 (evidence file, folio 4168), and Regulations governing the Judicial Service Act, article 190
(evidence file, folio 201).
131
Judicial Service Act, article 67 (evidence file, folio 4168), and Regulations governing the Judicial Service Act, article 190
(evidence file, folio 201).
132
Judicial Service Act, articles 68 and 69 (evidence file, folios 4168 and 4169).