- 47 pointing out that they had become aware of the May 5 decisions through the media, but they had
not received the corresponding resolutions.271
145. On June 16, 2010, the Supreme Court issued a ruling on the dismissal; the only justification
included was the following:
THE SUPREME COURT OF JUSTICE HEREBY DECIDES: (1) To dismiss attorney RAMON ENRIQUE
BARRIOS from the post of judge on the District Sentencing Court of San Pedro Sula,
department of Cortés, for non-compliance with or serious violation of his duties and for
engaging in acts inimical to the dignity of the administration of justice, by accepting an
invitation to give a lecture at […] the Universidad Nacional Autónoma de Honduras, Valle de
Sula, for professors, employees and the general public. The lecture related to the events of
June 28, 2009, and, since this activity overstepped his teaching functions and he emitted
value judgments, it became political. Moreover, under the Constitution of the Republic, the
Judicial Service Act, the Law on the Organization and Faculties of the Courts and the Code of Ethics
for Judicial Officials and Employees judicial officials are prohibited from engaging in such
activities and must refrain from participating in political events or expressing political views,
either in private or in public, even though other citizens are permitted to do so. Academic
freedom allows a university professor, who is also a judge, to discuss and analyze current
national events with his students from an eminently legal standpoint; however this freedom
does not extend to any other talk or lecture for an audience other than duly enrolled students,
precisely because he is restricted by his status as a judge and, as such, must refrain from
airing political views. This action is incompatible with the decorum required by his office, because
he did not seek to avoid participating in events that could lead to the disruption of public order.
Furthermore, subsequent to the lecture and with his knowledge and authorization, on Friday,
August 28, 2009, his views were published in an article that appeared in the “op-ed” section of
the newspaper El Tiempo which circulates in San Pedro Sula, where he is identified as a
sentencing judge. […] Articles 80, 82, 83 and 84 of the Judicial 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 Service Act; 3(6) and 108 of the Law on the
Organization and Faculties 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
the Code of Ethics for Judicial Officials and Employees.272
146. The ruling indicated that “it shall come into effect on the date of the entry into functions of the
substitute.”273 On this basis, on June 30, 2010, Mr. Barrios filed a complaint before the Judicial
Service Council requiring reinstatement in his post as judge.274 Five permanent or substitute
members of the Council disqualified themselves from the proceeding, because they had heard the
proceedings on the dismissal of Mr. Barrios as members of the Supreme Court of Justice or based
on relationship or friendship275 as in the preceding cases (supra para. 97, 117 and 133). On March
271
Cf. Brief of the request for reconsideration received on May 21, 2011, signed by Adán Guillermo López Lone, Luis Alonso
Chévez de la Rocha, Ramón Enrique Barrios and Tirza Flores Lanza and addressed to the Supreme Court of Justice (evidence
file, folio 1127).
272
Note of June 16, 2010, signed by the Secretary General of the Supreme Court of Justice transcribing the decision on
dismissal of that date (evidence file, folios 3097 and 3098).
273
Note of June 16, 2010, signed by the Secretary General of the Supreme Court of Justice transcribing the ruling on
dismissal of this date (evidence file, folio 3098).
274
Cf. Complaint received on June 30, 2010, signed by Adán Guillermo López Lone and addressed to the Judicial Service
Council (evidence file, folios 3088 to 3095).
275
Cf. Disqualification dated November 25, 2010, signed by Edith María López Rivera, Permanent Member of the Judicial
Service Council (evidence file, folio 3116); disqualification dated December 9, 2010, signed by Rosa Lourdes Paz Haslam,
Substitute Member of the Judicial Service Council (evidence file, folio 3118); disqualification dated of January 12, 2011, signed
by Gustavo Enrique Bustillo Palma, Substitute Member of the Judicial Service Council, (evidence file, folio 3120);
disqualification dated February 2, 2011, signed by Raúl Antonio Henriquez Interiano, Permanent Member of the Judicial
Service Council (evidence file, folio 3125), and disqualification dated of March 3, 2011, signed by Léster Ilich Mejía Flores,
Substitute Member of the Judicial Service Council (evidence file, folio 3313).