9
Undertake all necessary measures to ensure the independence of the judiciary, including by
putting an end to any intimidation or unjustified disciplinary procedures against judges perceived
26
as critical of the coup.
33.
Finally, in one of its reports on the situation in Honduras, the Office of the United
Nations High Commissioner for Human Rights commented that:
67. The institutions responsible for protecting human rights and guaranteeing the rule of law
failed in many instances to accomplish their mandate, mainly due to a lack of independence.
68. During the period covered by this report, the lack of independence of the judiciary and the
unequal and discriminatory application and interpretation of the law have been evident. The
Attorney General’s Office, judges and the Supreme Court of Justice have, in general, supported
the de facto authorities by defending restrictive measures at the expense of protection of human
27
rights and respect for the rule of law […] .
3.
The Asociación de Jueces por la Democracia
34.
The Asociación de Jueces por la Democracia (AJD) is a professional association of
Honduran judges and magistrates founded in 2006. According to the AJD, its objective is “to defend,
promote and strengthen the rule of law, specifically the area of justice, and the independence of and
respect for the Honduran judiciary.”28 To be a member of the association, one has to be a judge or
magistrate in active service.29
35.
The AJD took a position on the events and discounted the hypothesis that what
happened was a constitutional transition. It called upon the SCJ “to comply with its duty to guarantee
fundamental rights and enforce the restraints on the other branches of government.”30 The AJD publicly
26
General Assembly, Report of the Working Group on the Universal Periodic Review. Honduras, A/HRC/16/10, January
4, 2011. Recommendation 82.56. Available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/16session/A-HRC-1610.pdf
27
United Nations. Human Rights Council. A/HRC/13/66. Report of the United Nations High Commissioner for Human
Rights on the violations of human rights in Honduras since the coup d’état on 28 June 2009. March 3, 2010, paragraphs 67 and
68. Available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-66.pdf
28
Statute of the Asociación de Jueces por la Democracia (AJD). Resolution 1062-2007 of September 18, 2007, of the
General Secretariat of the Secretariat of State in the Offices of Governance and Justice. La Gaceta No. 31.428. October 10,
2007.
Available
[in
Spanish]
at:
http://www.poderjudicial.gob.hn/asociaciones/Documents/Estatutos%20Asociación%20de%20Jueces%20por%20la%20Democr
acia.pdf
29
Articles 8 and 12 of the Statute of the Asociación de Jueces por la Democracia (AJD). Resolution 1062-2007 of
September 18, 2007, of the General Secretariat of the Secretariat of State in the Offices of Governance and Justice. La Gaceta
No.
31.428.
October
10,
2007.
Available
[in
Spanish]
at:
http://www.poderjudicial.gob.hn/asociaciones/Documents/Estatutos%20Asociación%20de%20Jueces%20por%20la%20Democr
acia.pdf
30
Annex 7. Communiqué from the Asociación de Jueces por la Democracia. July 28, 2009. Attachment to the
petitioners’ communication of January 20, 2011.