33
103. On October 27, 2009, Judge Barrios was summoned to appear before the Office of the
Director of Personnel Management.172 After requesting additional time to prepare his defense, a new
hearing was set for December 7, 2009. There he underscored the point that his comments were made in
his capacity as a law professor and not as a sentencing judge.173 The judge added that the SCJ was
waging a campaign to persecute judges who are members of the AJD, to silence their voices of criticism
and dissent within the Judicial Branch. He also asserted that his right of defense had been violated,
claimed the statute of limitations and offered evidence.174
104. On December 10, 2009, the Office of the Director made its decision on the evidence
offered.175 On February 8, 2010, Judge Barrios filed an appeal arguing, inter alia, that disciplinary action
was time barred.176 The Judicial Career Council dismissed that argument as “unfounded” since such
appeals concern the “procedures that have to be followed in regular proceedings.” 177
105. When the evidence from the Inspector General’s Office was examined on April 7, 2010,
it was found that the folder of 2009 circulars in the Office of the Director of Judicial Personnel
Management contained the communication referenced at supra paragraph 54. On April 12, 2010, the
evidence offered by Judge Barrios was heard and consisted of one witness testifying to his official
conduct and another testifying about the publication of the article.178
106. On April 20, 2010, the Office of the Director of Personnel Management sent a
recommendation to the SCJ to the effect that Judge Barrios be dismissed.179 On May 5, 2010, the SCJ
resolved to dismiss Judge Barrios from his post, without liability to the institution. That decision is
signed by the Chief Justice of the Supreme Court and its Secretary, and reads as follows:
[T]he conduct of Judge Barrios has been duly established: he accepted an invitation to
give a lecture [at the UNAH] […] for professors, employees and the general public
concerning the events that occurred on June 28, 2009. Conducted outside the classroom
setting, opinions were expressed during the lecture, which became political as a result.
Under [the law] […] judicial officials are prohibited from engaging in such conduct and
172
Annex 19. Investigation Report, Judicial Branch. Office of the Deputy Director of Judicial Career Personnel
Management. Summons. October 27, 2009. Page 216. Attachment to the petitioners’ communication of January 20, 2011.
173
Annex 19. Investigatio nReport. Rebuttal Hearing No. 173-2009, Ramón Enrique Barrios. December 7, 2009. Pages
254-259. Attachments to the petitioners’ communication of January 20, 2011.
174
Annex 19. Investigation Report. Rebuttal Hearing No. 173-2009, Ramón Enrique Barrios. December 7, 2009. Pages
254-259. Attachments to the petitioners’ communication of January 20, 2011.
175
Annex 19. Investigation Report. Memorandum from the Deputy Direct of Personnel Management. December 10,
2009. Page 459. Attachment to the petitioners ‘communication of January 20, 2011.
176
Annex 19. Investigation Report. Appeal filed with the Director of Personnel Management of the SCJ. February 8,
2010. Pages 466- 468. Attachment to the petitioners’ communication of January 20, 2011.
177
Annex 19. Investigation Report. Judicial Career Council. Decision on the appeal. February 22, 2010. Pages 466468. Attachment to the petitioners’ communication of January 20, 2011.
178
Annex 19. Investigation Report. Record of Inspection on April 7, 2010. Page 484. Record of Hearing on April 12,
2010. Pages 519. Attachments to the petitioners’ communication of January 20, 2011.
179
Annex 19. Investigation Report, Decision 171-173-174-2010 from the Office of the Director of Personnel
Management. April 20, 2010. Pages 525. Attachment to the petitioners’ communication of January 20, 2011.