35
involvement in events that could disrupt law and order. Furthermore, subsequent to the lecture
and with his knowledge and authorization, his views were published in an article that appeared in
the newspaper Tiempo which serves the city of San Pedro Sula. The article came out on Friday,
August 28, 2009, in the “OPINIONS” Section, where he is identified as being a Sentencing Judge.
Articles 80, 82, 83 and 84 of the Judicial Career Service Act; 1, 3, 4, 7, 9(1), 149, 157, 160, 161,
171, 172 (f), 173 (c), 174, 180 (3), 184, 186, 187 (a), 188, 189, 190, 206, and 214 of the
Regulations Governing the Judicial Career Service Act; 3(6) and 108 of the Law on the
Organization, Functions and Authorities of the Courts; 53 of the Model Ibero-American Code of
Judicial Ethics; 10 and 20 of the Statute of the Ibero-American Judge; and 1(1), 2(d), 8(a) and 9 of
185
the Code of Ethics for Judicial Officials and Employees.
109. On June 30, 2010, Judge Barrios filed an appeal186 and on February 24, 2011 appeared
before the Judicial Career Council for a hearing.187 There he pointed that he did not know which
members of the Council would take cognizance of his presentation and that his disciplinary case file
contained a May 5, 2010 decision signed by the Chief Justice of the SCJ of which he was never
notified.188
110. On August 24, 2011, the Judicial Career Council decided to render the Supreme Court’s
decision null and void and to “thereby guarantee the petitioner his tenure in the Judicial Branch,” where
he had continued to work inasmuch as no replacement had been named. According to the Council, the
article published in the newspaper Tiempo “is a personal opinion on the law expressed in the context of
a course on Constitutional Law delivered by attorney RAMÓN ENRIQUE BARRIOS.” The Judicial Career
Council observed that freedom of thought and expression is a right protected under the Constitution
and in international instruments. Judge Barrios’ demand to be reinstated and receive back pay was
declared “unfounded” inasmuch as he had remained on the job, since no replacement had ever been
named.189
V.
THE LAW
111. The present case concerns disciplinary proceedings conducted against the backdrop of
the coup d’état in Honduras. Given the “judicial” nature of the alleged victims’ positions, the
Commission believes some preliminary observations are in order concerning the principle of judicial
independence and its protection under the American Convention. That principle informs the entire
analysis that follows regarding the scope of the guarantees to which the alleged victims were entitled.
The Commission will then give its decision as to whether the State of Honduras violated the rights
established in articles 7, 8, 9, 13, 16, 23 and 25 of the Convention.
185
Annex 25. SCJ. Memorandum No. 1291-SSCJ-2010. June 16, 2010. Attachment to the State’s communication of
October 15, 2010.
186
Annex 25. SCJ. Judicial Career Council. Certification, Case No. 3079. August 31, 2010. Pages 1-9. Attachment to
the State’s communication of June 25, 2012 received on July 2, 2012.
187
Annex 25. SCJ. Judicial Career Council. Certification, Case No. 3079. Certification of the Hearing held on Case No.
3079. February 24, 2011. Pages 46-62. Attachment to the State’s communication of March 11, 2011 received on July 2, 2012.
188
Annex 25. SCJ. Judicial Career Council. Certification, Case No. 3079. Judicial Career Council of the SCJ. Certification
of the Hearing held on Case No. 3079. February 24, 2011. Attachment to the State’s communication of June 25, 2012 received
on July 2, 2012.
189
Annex 25. Judicial Career Council of the SCJ. Certification of the Hearing held on Case No. 3079. February 24,
2011. Attachment to the State’s communication of March 11, 2011.