34
must refrain from participating in political events and from airing political opinions […]
180
107. The decision cited above added that the publication of the article in the newspaper
Tiempo “transformed [the judge’s] conduct into something unbecoming the office of a judge,” and
observed that “no judge can claim the right to participate in national political discourse like any other
citizen.” The decision also stated that his conduct was a violation of Article 319, paragraph two of the
Constitution and the Model Ibero-American Code of Judicial Ethics. It added that because of his
comments in the lecture and the newspaper article that followed, his conduct is unbecoming the dignity
of the office of judge, in violation of the Code of Ethics of Judicial Officials and Employees.181
108. On May 21, 2010, the alleged victims filed a request with the Supreme Court seeking
reconsideration of their disciplinary dismissal.182 The reconsideration request pointed out, inter alia, that
the petitioners had learned of the decision to dismiss them because a justice on the Court had
reportedly confirmed that fact with the media, before the petitioners ever received notification.183 In an
interview that the Chief Justice of the SCJ on June 4, 2010, he revealed that “the justices who voted the
first time, confirmed their decision on the second occasion; the vote count was the same in both
cases.”184 On June 16, 2010, the Court issued a decision ordering Judge Barrios’ dismissal. It read as
follows:
THE SCJ HEREBY DECIDES: 1) To dismiss attorney RAMON ENRIQUE BARRIOS from the post of
judge on the San Pedro Sula District Sentencing Court, department of Cortés, for serious
noncompliance with or violation of his duties and for engaging in acts inimical to dignity in the
administration of justice, by have accepted an invitation to give a lecture in Auditorium Number
Four of the Universidad Nacional Autónoma de Honduras, Valle de Sula Campus, for professors,
employees and the general public. The lecture was about the events of June 28, 2009 and was
delivered outside the classroom. The opinions expressed transformed the lecture into a political
event. Under the Constitution of the Republic, the Judicial Career Service Act, the Law on the
Organization, Functions and Authorities of the Courts and the Code of Ethics for Judicial Officials
and Employees, judicial officials shall not engage in such activities and must refrain from
participating in political events or expressing political views, either in private or in public, even
though other citizens are permitted to do so. Academic freedom allows a university professor,
even one who is also a judge, to discuss and analyze current national events with his or her
students from an eminently legal standpoint; however that freedom does not extend to any other
chat or lecture for an audience other than his duly enrolled students since he or she is prevented
from doing so precisely because he or she is a judge and as such must refrain from airing political
views. Judge Barrios’ conduct was unbecoming the dignity of his office because he did not avoid
180
Annex 19. Investigation report. Resolution of May 5, 2010. Attachment to the petitioners’ communication of
January 20, 2011.
181
Annex 19. Investigation Report. Resolution of May 5, 2010. Attachment to the petitioners’ communication of
January 20, 2011.
182
May 21, 2010.
183
May 21, 2010.
Annex 17. Appeal filed with the SCJ seeking reconsideration of the disciplinary dismissal.
Attachment to the petitioners’ communication of July 6, 2010.
Annex 17. Appeal filed with the SCJ seeking reconsideration of the disciplinary dismissal.
Attachment to the petitioners’ communication of July 6, 2010.
184
Annex 18. Press release La Prensa.hn, Prefiere renunciar a permitir injerencia. El Presidente de la SCJ dice que lo
político no está sobre la ley [He would rather resign than allow interference. Chief Justice of SCJ says politics is not above the
law], June 4, 2010. Attachment to the original petition received July 6, 2010.