- 42 130. On October 9, 2009, the Personnel Management Directorate opened a disciplinary proceeding against Mr. Chévez and summoned him to answer the charges.235 On December 3, 2009, a hearing was held where Mr. Chévez presented the corresponding rebuttal and, inter alia, proposed evidence that was admitted subsequently.236 On April 20, 2010, the Personnel Management Directorate issued its final report and recommended that Mr. Chévez be removed: Based on non-compliance with or serious violation of one of his duties and committing acts that were inimical to the dignity of the administration of justice, by having taken part in a demonstration, being arrested for […] executing acts that disrupted public order, […] and having clashed with other judicial employees on the premises of the Judiciary owing to his political position in relation to the events that had occurred in the country.237 131. On May 5, 2010, the plenum of the Supreme Court of Justice approved the Personnel Management Directorate’s recommendation to dismiss Mr. Chévez de la Rocha and appointed a committee of three justices “to draw up the respective resolution and then to issue the corresponding decision on his removal.”238 The case file contains a resolution with the same date, signed by the President and the Secretary of the Supreme Court that, apparently following up on the order of the plenum of the Court, sets out “the corresponding grounds, which have been approved, adding the date of the plenary meeting.”239 Nevertheless, this resolution was not notified to Mr. Chévez de la Rocha.240 On May 21, 2010, the presumed victims filed a joint request for reconsideration of their sanctions of dismissal before the Supreme Court, pointing out that they had become aware of the May 5 decisions through the media, but they had not received the corresponding resolutions.241 132. On June 4, 2010, the Supreme Court issued a ruling on the dismissal; the only justification included was the following: THE SUPREME COURT OF JUSTICE HEREBY DECIDES: (1) To dismiss attorney LUIS ALONSO CHÉVEZ DE LA ROCHA from the position of judge of the Special Court for cases involving Domestic Violence of the department of Cortés, for non-compliance with or serious violation of some of his duties and engaging in conduct inimical to the dignity of the administration of justice, by having participated in a demonstration in San Pedro Sula, Cortés, on August 12, 2009, near the Monument to the Mother and the downtown area. He was arrested by the National Preventive Police Force for breaching public order, and released when an application for habeas corpus was granted. He also clashed with other judicial officers on the premises of the Judiciary owing to his political position in relation to the events that occurred in the country. Articles 80, 82, 90(1), 303, 313(i)(8), 318, 319, 322 and 323 of the Constitution of the Republic; XXXIII of the Universal Declaration of the Rights and Duties of Man; 1, 3, 4(2), 235 Cf. Decision of the Personnel Management Directorate of October 9, 2009 (evidence file, folios 1384 and 1385). 236 Cf. Record of the rebuttal hearing of the Personnel Management Directorate of December 3, 2009 (evidence file, folios 1421 to 1437), and decision of the Personnel Management Directorate of December 7, 2009 (evidence file, folios 1466 to 1468). 237 Decision of the Personnel Management Directorate of April 20, 2010 (evidence file, folio 1555). 238 This decision appears in Minutes No. 24 of the session initiated by the plenum of the Supreme Court of Justice on May 5, 2010, and ended on May 7, 2010. These 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). 239 Ruling of the Supreme Court of Justice of May 5, 2010 (evidence file, folios 1564 to 1571). 240 The victims and their representatives have repeatedly stated 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 the said decisions were notified to them. 241 Cf. Brief of the request for reconsideration received on May 21, 2011, signed by Adán Guillermo López Lone, Luis Alonso Chévez de la Rocha, Ramón Enrique Barrios and Tirza Flores Lanza and addressed to the Supreme Court of Justice (evidence file, folio 1127).

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