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.

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