58
190. In the section on the rights to freedom of expression and assembly, at XX infra,
specifically in the analysis of strict legality, the Commission will discuss the prohibition established in the
second paragraph of Article 319, which was invoked in the decisions to dismiss judges Chévez de la
Rocha and López Lone.
d.
The applicable sanctions
191. The Commission observes that a number of the grounds for disciplinary action invoked
against the alleged victims are not in the Judicial Career Service Act, but instead appear in other legal
instruments like the Regulations Governing the Judicial Career Service Act, the Code of Ethics for Judicial
Officials and Employees, and the Law on the Organization, Functions and Authorities of the Courts.
Norms devised by international summits were even invoked to take disciplinary action against the
victims, such as articles from the Statute of the Ibero-American Judge and the Model Ibero-American
Code of Judicial Ethics. The Commission observes that from the standpoint of the domestic legal
system, ordering disciplinary sanctions for conduct established in instruments other than the Judicial
Career Service Act would be a violation of its Article 51, which provides that officials may “only be
removed for conduct constituting grounds for dismissal.” Furthermore, as no sanctions are prescribed
for the grounds invoked in the case of the alleged victims, any disciplinary sanction applied is in violation
of the principle of freedom from ex post facto laws protected by Article 9 of the Convention.
192. Because of the multiple problems both with the formulation of the grounds for
disciplinary action and in the lack of predictability as to the applicable sanctions, the Commission
concludes that the Honduran State violated the principle of legality or freedom from ex post facto laws
established in Article 9 of the American Convention, read in conjunction with articles 1(1) and 2 thereof,
to the detriment of Guillermo López Lone, Ramón Barrios, Luis Alonso Chévez de la Rocha and Tirza
Flores Lanza.
D.
Right to freedom of expression (Article 13 of the American Convention), right of
assembly (Article 15 of the American Convention), the principle of freedom from ex
post facto laws and the non-retroactivity of the law (Article 9 of the Convention), read
in conjunction with the duties to respect rights and adopt domestic legal measures
(articles 1(1) and 2 of the American Convention)
193.
The relevant parts of Article 13 of the American Convention read as follows:
1. Everyone has the right to freedom of thought and expression. This right includes freedom
to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either
orally, in writing, in print, in the form of art, or through any other medium of one's choice.
2. The exercise of the right provided for in the foregoing paragraph shall not be subject to
prior censorship but shall be subject to subsequent imposition of liability, which shall be
expressly established by law to the extent necessary to ensure:
a. respect for the rights or reputations of others; or
b. the protection of national security, public order, or public health or morals.