66
are not just any persons….” The Judicial Career Council confirmed this decision on August 24, 2011, and
concluded that it had been duly established that the alleged victim
[t]ook active part in the partisan political demonstration staged in the vicinity of
Toncontín Airport, with flags bearing the insignia of the different political organizations
and ideologies represented there. In addition, the newspapers with the country’s
widest circulation consistently mentioned that because of Attorney LOPEZ LONE’s
participation, he was regarded as a partisan politician, given his role as Judge on the San
Pedro Sula Sentencing Court. Hence, by his conduct he violated Article 319 (2) of the
Constitution […] and Article 3 (6) of the Law on the Organization, Functions and
Authorities of the Courts […] as such conduct is incompatible with exercise of the office
of judge, as provided in Article 49 of the Judicial Career Service Act and Article 156 of its
Regulations.
219. From the foregoing it is self-evident that the disciplinary administrative proceeding that
removed Adán López Lone from the office of Judge of the San Pedro Sula Sentencing Court was because
of his participation in a political demonstration held to protest the coup d’état in Honduras, and to that
extent clearly affected the exercise of his right to freedom of expression and his right of assembly,
protected by Article 15 of the Convention.
220. The Inter-American Commission has maintained that the right to demonstrate publicly
or to engage in social protest as a means to mobilize society to take active part in public discourse and
assert rights, is an essential element of the exercise of democracy and, as such, is protected by both the
right of assembly protected under Article 15 of the American Convention, and the right to freedom of
expression, protected by Article 13 of that instrument. As other international bodies for the protection
of human rights have held, 300 the expression of opinions is one of the purposes of the right of assembly;
hence, exercise of the right of assembly is premised upon the effective enjoyment of the right to
freedom of expression. Of course, the most impoverished sectors frequently do not have access to the
traditional channels to make their complaints known, such as the press; the institutional complaint
mechanisms may be either lacking or not very effective; so for them, protest becomes a vital vehicle for
effective and inclusive citizen participation in public affairs.301
221. This becomes even more relevant when, as happened in the case under study, an
institutional and democratic crisis occurs that erects prodigious obstacles to criticism and public
discourse. As the Commission observed, “[w]eak public institutions, government corruption and other
problems often prevent human rights violations from being brought to light and punished. In countries
affected by such problems, the exercise of freedom of expression has become the main means by which
300
See, for example, ECHR, Case of Vogt v. Germany, Judgment of September 26, 1995, Series A, No. 323, paragraph
64; ECHR, Case of Rekvényi v. Hungary, Judgment of May 20, 1999, Report on Judgements and Decisions 1999-III, paragraph 58;
ECHR, Case of Young, James and Webster v. the United Kingdom, Judgment of August 13, 1981, Series A, No. 44, para. 57; ECHR,
Case of Refah Partisi (The Welfare Party) and others v. Turkey, Judgment of July 31, 2001, para. 44, available at
http://www.echr.coe.int; ECHR, Case of United Communist Party of Turkey and others v. Turkey, Judgment of January 30, 1998,
Report 1998-I, para. 42. IACHR. Annual Report 2005. Report of the Office of the Special Rapporteur for Freedom of Expression.
Chapter V. Public Demonstrations as an Exercise of Freedom f Expression and Freedom of Assembly. OEA/Ser.L/V/II.124. Doc. 7.
February 27, 2006. Paragraph 6. Available at: http://www.oas.org/en/iachr/expression/showarticle.asp?artID=662&lID=1
301
IACHR. Annual Report 2005. Report of the Office of the Special Rapporteur for Freedom of Expression. Chapter V.
Public Demonstrations as an Exercise of Freedom of Expression and Freedom of Assembly. OEA/Ser.L/V/II.124. Doc. 7. February
27, 2006. Paragraphs 129 to 149. Available at: http://www.oas.org/en/iachr/expression/showarticle.asp?artID=662&lID=1