- 40 123. Luis Alonso Chévez de la Rocha was born on December 23, 1957.214 From March 27, 2008, to
September 23, 2010, he was a Special Judge of cases involving domestic violence in San Pedro
Sula.215 At the time of the facts he was a member of the AJD.216
124. In the afternoon of August 12, 2009, he was near the Multiplaza Mall located in the
Circunvalación Avenue of San Pedro Sula. That day, a march against the coup d’état was being held
in this avenue. Mr. Chévez went to observe the march and noted that “they were throwing tear gas
bombs.” Upon questioning the actions taken by the police, he was made to get into a patrol car217
and taken to the First Police Station of San Pedro Sula.218 According to Mr. Chévez, he “was
physically and verbally attacked by the station’s police agents,” who also failed to inform him of his
rights.219
125. The same day, an application for habeas corpus was filed in favor of Mr. Chévez and the other
persons arrested with him.220 As a result, the places where they were detained in San Pedro Sula
were ordered to “immediately bring [all those arrested that day], before the corresponding
Executing Magistrate,” and that those who had arrested them should present “the arrest warrant
and [provide] a detailed report of the events that led to the arrest.”221 The Executing Magistrate
observed that, in the logbook of the station where he was detained “there was no record of why he
had been detained, or indeed a report of the detention of anyone by that police station that day.”222
In addition, the officer in charge told her that the said persons were not detained; rather, they were
at the police station “because of the investigation and to be checked by a forensic physician.”223 The
Executing Magistrate ordered their immediate release at 8.20 p.m. considering that “no warrant
existed for their arrest” and there was not even “circumstantial evidence against them.”224
214
Cf. Curriculum vitae of Luis Alonso Chévez de la Rocha (evidence file, folio 5680).
215
Cf. Brief received on June 30, 2010, signed by Luis Alonso Chévez de la Rocha and addressed to the Judicial Service
Council (evidence file, folio 1786), and salary certification issued by the Head of the Judiciary’s Personnel Department on June
20, 2014 (evidence file, folio 5777).
216
Cf. Minutes covering the election of the ADJ Board of Directors, period 2008-2010, dated September 27, 2008 (evidence
file, folio 5628).
217
In this regard, in a statement of August 12, 2009, Mr. Chévez declared that, during the protest, he asked a police officer
“why they had suppressed the protest, considering that it was peaceful, and the [officer] said that this was not true and […]
ordered his arrest.” In another statement of September 14, 2009, Mr. Chévez indicated that a police officer asked him if he
was taking part in the march; Mr. Chévez told him that he was not and pointed out that “they were acting improperly, and
asked why they were throwing [tear gas] bombs with no prior warning.” In the affidavit he submitted to this Court, Mr.
Chévez stated that he went over to the police and “asked them why they had launched an attack with tear gas bombs with no
prior warning; that this harmed innocent people; [he] told them clearly that [he] was a judge” and, as a result, he was
arrested. Cf. Record of interview with Luis Alonso Chévez de la Rocha at the First Police Station on August 12, 2009 (evidence
file, folio 5696); statement made by Luis Alonso Chévez de la Rocha on September 14, 2009, before the Inspectorate of
Courts and Tribunals (evidence file, folio 1201), and affidavit made by Luis Alonso Chévez de la Rocha on January 8, 2015
(evidence file, folios 6638 and 6639).
218
Cf. Record of inspection by the Executing Magistrate of August 12, 2009 (evidence file, folio 5692), and record of
interview with Luis Alonso Chévez de la Rocha in the First Police Station on August 12, 2009 (evidence file, folio 5696).
219
Cf. Record of inspection by the Executing Magistrate of August 12, 2009 (evidence file, folios 5692 and 5693), and
affidavit made by Luis Alonso Chévez de la Rocha on January 8, 2015 (evidence file, folio 6639).
220
Cf. Application for habeas corpus filed by Tirza Flores Lanza on August 12, 2009, before the San Pedro Sula District
Appellate Court (evidence file, folio 1226).
221
Cf. Decision of the District Appellate Court of August 12, 2009 (evidence file, folio 1226).
222
Record of inspection by the Executing Magistrate of August 12, 2009 (evidence file, folio 5692).
223
Record of inspection by the Executing Magistrate of August 12, 2009 (evidence file, folio 5692).
224
Decision of the Executing Magistrate of August 12, 2009 (evidence file, folio 1241), and Decision of the Judicial Service
Council of August 24, 2011 (evidence file, folio 2233).