- 46 officials or official bodies with regard to their actions.”263 The Inspector General also found that Mr.
Barrios had committed “acts that were inimical to the dignity of the administration of justice and
incompatible with the exercise of his functions.”264
143. On October 9, 2009, the Personnel Management Directorate opened a disciplinary proceeding
against Mr. Barrios and summoned him to answer the charges.265 On December 7, 2009, a hearing
was held during which Mr. Barrios Maldonado rebutted the charges and, inter alia, proposed
evidence that was subsequently admitted.266 On April 20, 2010, the Personnel Management
Directorate issued its final decision and recommended that Mr. Barrios Maldonado be dismissed
from his post:
[F]or non-compliance with or serious violation of his duties and committing acts that are inimical to
the dignity of the administration of justice, having taken part, at the invitation of the University
Professors Association and the Labor Union of the Universidad Nacional Autónoma de Honduras, as
a speaker, in a meeting held at […] that university, during which those present criticized the
actions of the Supreme Court of Justice and other national authorities in relation to the events that
took place before and after June 28, 2009, and because, subsequently, with his knowledge and
authorization, his opinions were published in the op-ed section of the El Tiempo newspaper of San
Pedro on August 28, 2009, in an article entitled “This Was Not A Constitutional Succession,” in
which he was identified as a sentencing judge.267
144. On May 5, 2010, the plenum of the Supreme Court of Justice approved the Personnel
Management Directorate’s recommendation that Mr. Barrios Maldonado be dismissed and appointed
a committee of three justices “to draw up the respective resolution and then to issue [the
corresponding decision on his removal].”268 The case file contains a resolution of the same date
signed by the President and the Secretary of the Supreme Court, in which, apparently following up
on the orders of the plenum of the Court, it set out “the corresponding grounds, which have been
approved, adding the date on which the plenary meeting had been held.”269 However, this
resolution was not notified to Mr. Barrios Maldonado.270 On May 21, 2010, the presumed victims
filed a joint request before the Supreme Court for reconsideration of their sanctions of dismissal,
263
According to this decision, these prohibitions are established in article 3 of the Law on the Organization and Faculties of
the Courts, sub-paragraphs (1) and (4), the latter in relation to article 53(f) and (g) and article 55 of the Judicial Service Act,
and also article 172(e) and (f), and 174 of its Regulations. Cf. Decision of the Inspectorate General of Courts and Tribunals of
September 17, 2009 (evidence file, folios 1382 to 1383).
264
According to the said decision, these prohibitions are established in articles “321, 322 and 323(1) of the Constitution of
the Republic; 44, 53(b) and (g) of the Judicial Service Act; 6, 149 and 172(b) of its Regulations, in addition to non-compliance
with articles 1(d) and (e) and 2(d) and (f) of the Code of Ethics for Judicial Officials and Employees, and 3, 8, 43 and 55 of the
Ibero-American Code of Ethics.” Decision of the Inspectorate General of Courts and Tribunals of September 17, 2009
(evidence file, folios 1382 to 1383).
265
Cf. Note of the Personnel Management Directorate of October 9, 2009 (evidence file, folios 1384 and 1385).
266
Cf. Record of the rebuttal hearing before the Personnel Management Directorate of December 7, 2009 (evidence file,
folios 1438 to 1461), and decision of the Personnel Management Directorate of December 10, 2009 (evidence file, folios 1469
to 1471).
267
Decision of the Personnel Management Directorate of April 20, 2010 (evidence file, folio 1555).
268
This decision appears in Minutes No. 24 of the meeting initiated by the plenum of the Supreme Court of Justice on May
5, 2010, and concluded on May 7, 2010. The minutes were not notified to the presumed victims; rather a certified copy was
issued at the request of Ramón Enrique Barrios and Tirza Flores Lanza on June 25, 2010 (evidence file, folios 5643 and 5644).
269
270
Ruling of the Supreme Court of Justice of May 5, 2010 (evidence file, folios 1557 to 1563).
The victims and their representatives have repeatedly asserted that they were not notified of these decisions. The State
has not contested this assertion and there is no record in the disciplinary files that these decisions were notified to them.