22
investigative case file was requested to enable him to prepare his defense. He was summoned to a
hearing slated for November 30, 2009.109 When Judge Chévez asked for a postponement given the
“intense climate of insecurity the country [wa]s experiencing,” a decision was made to postpone the
hearing until December 3, 2009.110 The reason given in the summons for his appearance was to give him
“a hearing.”111
71.
On December 3, 2009, Judge Chévez appeared before the Office of the Director of
Personnel Management to be deposed. He stated that he was arrested for criticizing the excessive force
used by police officers and denied having said that he was “ashamed” of being a member of the
Judiciary. Judge Chévez maintained that his comments were made in the context of a conversation with
officials from the Judicial Branch, but his remarks could not be construed as an attempt to “incite” them.
He observed that the investigation was itself a form of SCJ persecution “of judges who are members of
the AJD who, in exercise of our legal rights to freedom of expression, assembly, belief and association,
have spoken out against the coup d’état.” Finally, he denounced the violation of his right of defense and
alleged that the statute of limitations for any action had expired.”112 In a ruling dated December 7,
2009, the Deputy Director of Personnel Management issued a decision on the evidence offered by Judge
Chévez.113 On February 8, 2010, Judge Chévez filed an appeal with the Judicial Career Council to
challenge this decision. On February 22, 2010, the Council dismissed the appeal.114
72.
By a decision dated March 18, 2010, the Office of the Director of Personnel
Management requested that the expert testimony offered by Judge Chévez be given within 5 days, for
an interpretation of the statute-of-limitations provided for in Article 83 of the Judicial Career Service Act
and Article 214 of its Regulations. The decision also set a date for the hearing to examine the evidence
gathered by the Inspector’s Office.115 When that evidence was examined on April 7, 2010, it was
established that the communication described at supra paragraph 54, was in a folder of 2009 circulars in
the correspondence records kept by the Office of the Head of Personnel, which is part of the Office of
the Director for Judicial Career Personnel Management.116
109
Annex 10. SCJ. Judicial Career Council. Case File 3078. Communication from Luis Alonso Chévez de la Rocha to the
Director of Personnel Management. November 4, 2009. Case File 3078. Page 224. Attachment to the State’s communication
of June 25, 2012 received on July 2, 2012.
110
Annex 20. SCJ. Judicial Career Council. Case File 3078. Communication from Luis Alonso Chévez de la Rocha to the
Director of Personnel Management. November 4, 2009. Attachment to the State’s communication of June 25, 2012 received
on July 2, 2012.
111
Annex 20. SCJ. Judicial Career Council. Case File 3078. Summons. November 24, 2009. Page 277. Attachment to
the State’s communication of June 25, 2012 received on July 2, 2012.
112
Annex 20. SCJ. Judicial Career Council. Case File 3078. Rebuttal Hearing No. 171-2009. December 3, 2009. Pages
279- 286. Attachment to the State’s communication of June 25, 2012.
113
Annex 20. SCJ. Judicial Career Council. Case File 3078. Memorandum from the Deputy Director of Personnel
Management. December 7, 2010. Pages 288-290. Attachment to the State’s communication of June 25, 2012 received on July
2, 2012.
114
Annex 20. SCJ. Judicial Career Council. Case File 3078. Judicial Career Council. February 22, 2010. Page 297.
Attachment to the State’s communication of June 25, 2012 received on July 2, 2012.
115
Annex 20. SCJ. Judicial Career Council. Case File 3078. Office of the Director of Personnel Management. March 18,
2010. Page 301. Attachment to the State’s communication of June 25, 2012.
116
Annex 19. Investigation report. Judicial Branch. Office of the Director of Personnel Management. Office of the
Head of Personnel. April 12, 2010. Page 483. Attachment to the petitioners’ communication of January 20, 2011.