- 45 was also a professor of constitutional law at the Universidad Autónoma de Honduras.256 He was a
founding member of the AJD and continued to be a member at the time of the events.257
140. On August 28, 2009, the newspaper, El Tiempo, published an article entitled “No hubo
sucesión constitucional” [This was not a constitutional succession] citing Mr. Barrios as the author.
The article asserted that what had happened was a coup d’état. At the end of the article Mr. Barrios
Maldonado was identified as a “sentencing judge and chair of constitutional law.” In addition, it was
indicated that “the article is a summary of a talk given by [Mr. Barrios Maldonado] to a group of
[university] colleagues and employees.”258 According to the testimony of Mr. Barrios, the article was
written by the Dean of the School of Journalism.259
141. The day the article was published, the Inspector of Courts received a “telephone call from the
Deputy Inspector of Courts and Tribunals […] informing him” of the publication, and the Inspector
incorporated the article into an investigation that had been opened against several judicial
officials.260
142. On September 16, 2009, three Regional Inspectors of Courts and Tribunals gave a report to
the Inspectorate General and indicated that, according to Mr. Barrios, the article published in the
newspaper “reflected a personal opinion of a legal nature given in his capacity as chair of
constitutional law.”261 The report did not reach any conclusions with regard to Mr. Barrios.262 On
September 17, the Inspector General ratified this report and decided to forward the file to the
Personnel Management Directorate adding that the publication in which, in addition to identifying
Mr. Barrios Maldonado as a professor, he was identified as a sentencing judge, violated the
prohibition “[t]o become involved in other activities and to exercise powers other than those
established by law, [and also to a]ddress congratulations or criticism to the Executive, public
254
Cf. Power of attorney granted by Ramón Enrique Barrios Maldonado on June 24, 2014 (evidence file, folio 6017).
255
Cf. Salary certification issued by the Head of the Judiciary’s Personnel Department on June 23, 2014 (evidence file, folio
5813).
256
Cf. Record of the rebuttal hearing before the Personnel Management Directorate of December 7, 2009 (evidence file,
folio 1439)
257
Cf. Minutes covering the election of the ADJ Board of Directors, period 2008-2010, dated September 27, 2008 (evidence
file, folio 5628).
258
Newspaper article entitled “No hubo sucesión constitucional” published in the newspaper, El Tiempo, on August 28, 2009
(evidence file, folio 1987).
259
Cf. Report of September 16, 2009, prepared by the Inspectors of Courts and Tribunals for the Northwestern Region and
addressed to the Inspector General of Courts and Tribunals (evidence file, folio 1377), and statement made by Ramón Enrique
Barrios on September 16, 2009 before the Inspectorate of Courts and Tribunals (evidence file, folio 3299).
260
Cf. Report of the Inspector of Courts of August 28, 2009 (evidence file, folio 1988). This investigation was opened on
August 10, 2009, following the publication in the newspapers that several judicial officers had filed a complaint before the
Public Prosecution Service requiring an investigation into the abduction of José Manuel Zelaya. Subsequently, investigations
against other judicial officials were joindered to this for their actions in relation to the coup d’état. Mr. López Lone and Ms.
Flores Lanza were initially included in this investigation. However, on October 9, 2009, the Personnel Management Directorate
decided that no administrative liability had been found in relation to these two persons, because “the corresponding
investigation had already been carried out in the context of another complaint.” Cf. Decision to open an investigation of the
Inspectorate General of Courts and Tribunals of August 10, 2009 (evidence file, folio 1142), Note of July 2, 2009, signed by
the National Director of Public Defense addressed to the President of the Supreme Court of Justice (evidence file, folio 1138),
and Decision of the Personnel Management Directorate of October 9, 2009 (evidence file, folio 1384).
261
Report of September 16, 2009, prepared by the Inspectors of Courts and Tribunals for the Northwestern Region and
addressed to the Inspector General of Courts and Tribunals (evidence file, folio 1377).
262
Cf. Report of September 16, 2009, prepared by the Inspectors of Courts and Tribunals for the Northwestern Region and
addressed to the Inspector General of Courts and Tribunals (evidence file, folios 1378 and 1379).