16 56. On April 20, 2010, the Office of the Director of Personnel Management recommended to the Supreme Court that Judge López be dismissed, without liability for the institution.66 The file contains a decision dated May 5, 2010 and signed by the Chief Justice of the SCJ and its Secretary.67 The decision states that “it has been duly established that [judge López] failed to comply with the duties of his office by having taken active part in the political demonstration held on July 5, 2009,” which was a violation of the provisions of Article 319 of the Constitution, Article 3(6) of the Law on the Organization, Functions and Authorities of the Courts, and Article 1(d) of the Code of Ethics of Officials and Employees of the Judicial Branch.68 The decision also stated that “no judge may claim a right to participate in the national political discourse like any other citizen, precisely because judges are not just any persons…” and that public officials are exposed to a greater degree of public scrutiny and criticism. Finally, the decision stated that by virtue of the fact that on his medical expense claim he asserted that his leg was injured “as he was walking [and] tripped,” Judge López violated several articles of the Code of Ethics of Officials and Employees of the Judicial Branch.69 57. On May 21, 2010, the alleged victims filed a request with the Supreme Court asking that the decision to dismiss them be reconsidered. 70 One of the claims made in that request for reconsideration was that the alleged victims had learned of the May 5, 2010 meeting of the Court en banc where the decision to dismiss them was taken, because one of the justices had told the media as much before the alleged victims were even notified of the decision.71 In an interview that one media outlet had with the Chief Justice of the Supreme Court on June 4, 2010, it was learned that “the justices who voted the first time, confirmed their decision on the second occasion; the vote count was the same in both cases.”72 On June 16, 2010, the Supreme Court issued the decision to dismiss Judge López, which read as follows: THE SCJ HEREBY DECIDES: 1. To dismiss, without any liability to the institution, attorney ADAN GUILLERMO LOPEZ LONE from the post of Judge of the Sentencing Court of the San Pedro Sula Judicial District, Department of Cortés, for serious or repeated noncompliance with or violation of some of the duties, incompatibilities and conduct established in chapters X and XI of the Judicial Career Service Act, by virtue of his having actively participated in the political demonstration staged near “TONCONTIN” Airport on July 5, 2009. As he himself testified at the rebuttal hearing, when military forces guarding the air strip opened fire with their regulation weapons, a human 66 Annex 13. Judiciary. Republic of Honduras. Office of the Director of Personnel Management. File No. 191-2009. Complaint: 268-IGJT-PJ-2006. April 20, 2010. Decision 172-2010. Attachment to the petitioners’ communication of January 20, 2011. 67 Annex 16. SCJ. Judicial Career Council. Certification, Case File No. 3077. SCJ. Decision of May 5, 2010, pages 291294. Attachment to the State’s communication of June 25, 2012 received on July 2, 2012. 68 Annex 16. SCJ. Judicial Career Council. Certification, Case File No. 3077. SCJ. Decision of May 5, 2010, pages 291294. Attachment to the State’s communication of June 25, 2012 received on July 2, 2012. 69 Annex 16. SCJ. Judicial Career Council. Certification, Case File No. 3077. SCJ. Decision of May 5, 2010, pages 291294. Attachment to the State’s communication of June 25, 2012 received on July 2, 2012. 70 Annex 17. Appeal filed with the SCJ, seeking reconsideration of the dismissals. May 21, 2010. Attachment to the petitioners’ communication of July 6, 2010. 71 Annex 17. Appeal filed with the SCJ, seeking reconsideration of the dismissals. May 21, 2010. Attachment to the petitioners’ communication of July 6, 2010. 72 Annex 18. La Prensa.hn, Prefiere renunciar a permitir injerencia. El Presidente de la SCJ dice que lo político no está sobre la ley [He would rather resign than allow interference. Chief Justice of SCJ says politics is not above the law], June 4, 2010. Attachment to the original petition received July 6, 2010.

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