- 31 decision,153 which was rejected by the Personnel Management Directorate on April 9 based on its
absolute lack of competence to “intervene, at any stage of the processing of an action of
unconstitutionality.”154
93. On April 20, 2010, the Personnel Management Directorate recommended to the Supreme
Court that it should:
Dismiss, with no liability for the institution, attorney ADAN GUILLERMO LOPEZ LONE, […] owing to
non-compliance with or serious or repeated violation of some of the duties, incompatibilities and
conducts established in Chapters X and XI of the Judicial Service Act, because he had played an
active part in the violent demonstration held near the “TONCONTIN” Airport on July 5, 2009, […] a
conduct that was incompatible with the ethical principles and the legal norms that govern the
actions of public officials.155
94. On May 5, 2010, the plenum of the Supreme Court of Justice approved the Personnel
Management Directorate’s recommendation concerning the removal of Mr. López Lone and
appointed a committee of three justices “to draw up the corresponding resolution and then to issue
the corresponding decision on his removal.”156 The case file contains a resolution of the same date,
signed by the President and the Secretary of the Supreme Court that, apparently following up on
the orders of the plenum of the Court, sets out “the corresponding grounds, which have been
approved, adding the date of the plenary meeting.”157 Nevertheless, the decision was not notified to
Mr. López Lone.158 On May 21, 2010, the presumed victims presented a joint request for
reconsideration of their sanctions of dismissal before the Supreme Court, indicating that they had
become aware of the May 5 decisions through the media, but had not received the corresponding
resolutions.159
95. On June 16, 2010, the Supreme Court issued a ruling on the dismissal, citing the following
grounds:
THE SUPREME COURT OF JUSTICE HEREBY DECIDES: 1. To dismiss, without any liability to
the institution, attorney ADAN GUILLERMO LOPEZ LONE from the post of Judge of the
Sentencing Court of the San Pedro Sula Judicial District, Department of Cortés, for serious or
repeated non-compliance with or violation of some of the duties, incompatibilities and
conduct established in Chapters X and XI of the Judicial Service Act, by virtue of his having
played an active part in the political demonstration staged near “TONCONTIN” Airport on July
153
Cf. Brief received on April 6, 2010, signed by Adán Guillermo López Lone addressed to the Director of Personnel
Management (evidence file, folios 375 to 377).
154
Decision of the Director of Personnel Management of April 9, 2010 (evidence file, folio 378).
155
This recommendation was made “in application of Articles 80, 82, 319, of the Constitution of the Republic 1, 3, 4 (2) 10,
12 (a), 44, 51, 53 (g), 55, 56 (3), 60, 64 (a), 66, 73, 74 and 77 of the Judicial Service Act; 1, 3, 7, 9 (4), 31, 33 (a), 149,
161, 172 (f), 174, 180 (3), 184, 186, 187 (a), 188, 189, 190, 206, 207 and 210 of the Regulations governing that Act; 3 (6)
of the Law on the Organization and Faculties of the Courts, 1 (d) of the Code of Ethics for Judicial Officials and Employees.”
Resolution No. 172-2010 of the Personnel Management Directorate of April 20, 2010 (evidence file, folios 350 and 351).
156
This decision is included in Minutes No. 24 of the meeting of the plenum of the Supreme Court of Justice that began on
May 5, 2010, and concluded on May 7, 2010. The minutes were not notified to the presumed victims; rather a certified copy
was issued at the request of Ramón Enrique Barrios and Tirza Flores Lanza on June 25, 2010 (evidence file, folios 5645 and
5646).
157
Ruling of the Supreme Court of Justice of May 5, 2010 (evidence file, folios 352, 358 and 359).
158
The victims and their representatives have repeatedly asserted that they were not notified of the said resolutions. The
State has not contested this assertion and there is no record in the disciplinary files that these resolutions were notified to
them.
159
Cf. Brief with appeal for reconsideration received on May 21, 2011, signed by Adán Guillermo López Lone, Luis Alonso
Chévez de la Rocha, Ramón Enrique Barrios and Tirza Flores Lanza and addressed to the Supreme Court of Justice (evidence
file, folios 1127 and 1128).