23
73.
On April 13, 2010, the testimony offered by Judge Chévez was heard. Several officials of
the Judicial Branch were asked whether they had participated in demonstrations in support of the
government of Roberto Micheletti, held subsequent to June 28, 2009. They were also questioned about
the conduct of Judge Chévez as a judge and whether he had incited his colleagues to “protest”.117
74.
On April 20, 2010, the Office of the Director of Personnel Management issued its report
and recommended that Judge Chévez be removed from the bench.118
75.
The disciplinary case file contains a decision signed by the Chief Justice of the SCJ and its
Secretary on May 5, 2010119 in which Judge Chévez’ argument claiming expiration of the statute of
limitations was rejected. The decision also states that during his dismissal hearing, the judge admitted
that “he was participating in a peaceful demonstration and, seeing the excessive force used by the
police against unarmed persons, he spoke to the officer and identified himself as a judge, and told him
that it would be better to negotiate than to use violence, whereupon his arrest was ordered . . .”
76.
On May 21, 2010, the alleged victims filed a request with the Supreme Court seeking
reconsideration of their dismissal.120 In that reconsideration request, they pointed out, inter alia, that
they learned of the Court’s en banc session on May 5, 2010 where the Court decided to order their
dismissal, when one of the justices reportedly confirmed the information for the media, although the
alleged victims had not yet received notification.”121 In an interview that the Chief Justice of the
Supreme Court gave on June 4, 2010, he said that “the justices who voted the first time, confirmed their
decision on the second occasion; the vote count was the same in both cases.”122 On June 4, the
Supreme Court issued a decision ordering dismissal of Judge Chévez. The decision read as follows:
THE SCJ HEREBY DECIDES: 1. To dismiss attorney LUIS ALONSO CHÉVEZ DE LA ROCHA from the
position of Judge of the Special Anti-Domestic Violence Court of the department of Cortés, for
serious noncompliance with or 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 the city
of San Pedro Sula, Cortés, on August 12, 2009, near the monument to Mothers and the
downtown area. He was arrested by the Preventive National Police Force for disturbing the
peace, and was released when a petition of habeas corpus was granted. He also provoked
altercations with other judicial public servants inside the facilities of the Judiciary over their
political position with respect to the events that occurred in the country.Articles 80, 82, 90(1),
303 (i)(8), 318, 319, 322, and 323 of the Constitution of the Republic; XXXIII of the Universal
117
Annex 19. Investigation report. Hearing Record. April 13, 2010. Pages 504-508. Attachment to the petitioners’
communication of January 20, 2011.
118
Annex 19. Investigation report. Office of the Director of Personnel Management. Decision 171-173-174-2010.
April 20, 2010. Attachment to the petitioners’ communication of January 20, 2011.
119
Annex 19. Decision of the SCJ, dated May 5, 2010. Attachment to the petitioners’ communication of January 20,
2011.
120
Annex 17. Petition filed with the SCJ requesting reconsideration of the dismissal. May 21, 2010. Attachment to
the petitioners’ communication of July 6, 2010.
121
Annex 17. Petition filed with the SCJ requesting reconsideration of the dismissal. May 21, 2010. Attachment to
the petitioners’ communication of July 6, 2010.
122
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.