- 43 44, 51, 53(g), 55, 56(3), 60, 64(a), 65, 66, 73, 74, 83 and 84 of the Judicial Service Act; 1,
7, 9(4), 149, 160, 161, 171, 172(b) and (f), 174, 180(3), 184, 186, 187(a), 188, 189, 190,
206 and 214 of the Regulations governing the Judicial Service Act; 3(1), (4) and (6) of the
Law on the Organization and Faculties of the Courts; 43, 44, 53, 55 of the Ibero-American
Model Code of Judicial Ethics; 10 and 20 of the Statute of the Ibero-American Judge, and 1(d),
2(d) and (f), 8(a), and 9 of the Code of Ethics for Judicial Officials and Employees.242
133. As a result of this decision, on June 30, 2010, Mr. Chévez de la Rocha filed a complaint before
the Judicial Service Council seeking reinstatement in his post as judge.243 Five permanent or
substitute members of the Council disqualified themselves from taking part in this proceeding,
because they had heard the case involving the dismissal of Mr. Chévez de la Rocha as members of
the Supreme Court of Justice, or due to relationship or friendship.244 As in the proceedings against
Mr. López Lone and Ms. Flores Lanza (supra para. 97 and 117), on March 22, 2011, it was
considered that “the Judicial Service Council had been disbanded” and a note was sent to the
President of the Supreme Court of Justice asking him to provide guidance. As a result of the latter’s
indications, the President of the Council appointed a lawyer to incorporate the Council thus enabling
the proceedings to continue.245 Subsequently, one more person disqualified themselves from the
case and another substitute was appointed.246
134. On August 24, 2011, the Judicial Service Council declared the claim filed by Mr. Chévez de la
Rocha admissible, but rejected his request to be reinstated in his post. In its decision, vis-a-vis the
arguments of the appellant, the Council reiterated the arguments on independence and impartiality
that it had presented in other proceedings (supra para. 99).247 Furthermore, it considered that it
had been duly proved that, on August 12, 2009, Mr. Chévez de la Rocha had been arrested for
“public scandal” and that three court employees had filed a complaint before the coordinator of the
Court for cases involving Domestic Violence “based on the attitude and conduct of Judge Chévez de
la Rocha” because he had encouraged a protest against the government de facto and expressed his
feelings of shame with regard to the role played by the Judiciary.248
135. However, in relation to the events of August 12, the Council considered that, “although it is
true that [Mr. Chévez] was arrested; it is also true that this situation would not be held against him,
because the competent authority had already ruled that no warrant had been issued for his
arrest.”249
242
Note of June 4, 2010, signed by the Secretary General of the Supreme Court of Justice transcribing the dismissal
decision of that date (evidence file, folio 1794).
243
Cf. Complaint received on June 30, 2010, signed by Luis Alonso Chévez de la Rocha addressed to the Judicial Service
Council (evidence file, folios 1786 to 1793).
244
Cf. Disqualification dated November 25, 2010, signed by Edith María López Rivera, Permanent Member of the Judicial
Service Council (evidence file, folio 1813); disqualification dated December 9, 2010, signed by Rosa Lourdes Paz Haslam,
Substitute Member of the Judicial Service Council (evidence file, folio 1815); disqualification dated January 12, 2011, signed
by Gustavo Enrique Bustillo Palma, Substitute Member of the Judicial Service Council, (evidence file, folio 1817);
disqualification dated February 2, 2011, signed by Raúl Antonio Henriquez Interiano, Permanent Member of the Judicial
Service Council (evidence file, folio 1821), and disqualification dated February 23, 2011, signed by Léster Ilich Mejía Flores,
Substitute Member of the Judicial Service Council (evidence file, folio 1970).
245
Cf. Decision of the Judicial Service Council of March 22, 2011 (evidence file, folio 2171); Decision of the President of the
Supreme Court of Justice of April 14, 2011 (evidence file, folio 2176), and Decision of the Judicial Service Council of April 26,
2011 (evidence file, folio 2179).
246
Cf. Disqualification dated July 25, 2011, signed by Jorge Alberto Zelaya Zaldaña (evidence file, folios 2193 and 2194),
and Decision of the Judicial Service Council of August 1, 2011 (evidence file, folio 2195).
247
Cf. Decision of the Judicial Service Council of August 24, 2011 (evidence file, folios 2224 and 2225).
248
Cf. Decision of the Judicial Service Council of August 24, 2011 (evidence file, folios 2233 and 2234).
249
Decision of the Judicial Service Council of August 24, 2011 (evidence file, folio 2236).