14 52. On July 7, 2009, the Secretary of State in charge of National Defense filed a complaint with the SCJ concerning Judge López’ participation in the demonstration.52 The complaint triggered an investigation in which the Office of the Inspector General of Courts and Tribunals concluded that Judge López’ presence and participation in the demonstration opened him up to imposition of “administrative liability” and recommended that he appear before the Supreme Court, en banc, to exercise his right of defense.53 When the case file was sent to the Office of the Director of Judicial Career Personal, a citation was issued on October 30, 2009 for Judge López to appear to answer disciplinary charges.54 On December 3, 2009, Judge López indicated that his presence in the demonstration was during “nonworking hours on a day that was [for him] a non-workday” and that “he was not wearing any official insignia at these events and did not participate in his capacity as a public official, but rather as a citizen and a member of civil society who is protesting the national crisis brought on by the disruption of the rule of law.”55 He stated that Article 3(6) of the Law on the Organization, Functions and Authorities of the Courts was incompatible with Article 319 of the Constitution, which only prohibits participation in party-related activities. He also pointed out that the purpose of the disciplinary proceeding was to curtail his rights to freedom of expression and to freedom of association.56 On December 9, 2009, Judge López filed a constitutionality objection with the Office of the Director of Personnel Management challenging Article 3(6) of the Law on the Organization, Functions and Authorities of the Courts, on the grounds that it was incompatible with the American Convention and other international human rights instruments.57 On December 10, 2009, the Office of the Director of Personnel Management declared that it did not have competence.58 52 Annex 13. Judiciary. Republic of Honduras. Office of the Director of Personnel Management. File No. 191-2009. Complaint: 268-IGJT-PJ-2006. Communication of the Secreary of National Defense. Attachment to the petitioners’ communication of January 20, 2011. 53 Annex 13. Judiciary. Republic of Honduras. Office of the Director of Personnel Management. File No. 191-2009. Complaint: 268-IGJT-PJ-2006. Office of the Inspector General of Courts and Tribunals. Special Report dated July 30, 2009. Attachment to the petitioners’ communication of January 20, 2011. 54 Those charges were as follows: “Failure to perform the duties of one’s office by engaging in acts that are inimical to the dignity of the administration of justice by having taken active part in the demonstration that occurred on July 5, 2009, in the vicinity of Toncontín International Airport, in flagrant violation of articles 319, paragraph two, of the Constitution of the Republic, Article 3 (6) of the Law on the Organization, Functions and Authorities of the Courts, Articles 44, 53(g), 54(j), and 55 of the Judicial Career Service Act; Articles 149, 172(f), 174 of the Regulations governing that Act; Article 1.2(g) of the Code of Ethics for Officials and Employees in the Judicial Branch.” See Annex 13. Judiciary. Republic of Honduras. Office of the Director of Personnel Management. File No. 191-2009. Complaint: 268-IGJT-PJ-2006. Office of the Deputy Director of Judicial Career Personnel Management. Summons. October 30, 2009. Attachment to the petitioners’ communication of January 20, 2011. 55 Annex 13. Judiciary. Republic of Honduras. Office of the Director of Personnel Management. File No. 191-2009. Complaint: 268-IGJT-PJ-2006. Office of the Director of Judicial Career Personnel Management. Rebuttal Hearing # 172-2009. December 3, 2009. Attachment to the petitioners’ communication of January 20, 2011. 56 Annex 13. Judiciary. Republic of Honduras. Office of the Director of Personnel Management. File No. 191-2009. Complaint: 268-IGJT-PJ-2006. Office of the Director of Judicial Career Personnel Management. Rebuttal Hearing # 172-2009. December 3, 2009. Attachment to the petitioners’ communication of January 20, 2011. 57 Annex 14. Judiciary. Republic of Honduras. Office of the Director of Personnel Management. File No. 191-2009. Complaint: 268-IGJT-PJ-2006. Constitutionality Objection Entered by Adán Guillermo López Lone with the Director of Personnel Management of the SCJ. December 4, 2009. Attachment to the petitioners’ communication of January 20, 2011. 58 Annex 13. Judiciary. Republic of Honduras. Office of the Director of Personnel Management. File No. 191-2009. Complaint: 268-IGJT-PJ-2006. Office of the Director of Personnel Management. Judicial Career Service, December 10, 2010. Attachment to the petitioners’ communication of January 20, 2011.