27
November 25, 2009, the magistrate received a summons which set out the grounds for her alleged
administrative liability, which were her unexcused absence from her court office on June 30, 2009, to
engage in solicitorship, acts that were incompatible with her office; listing her offices as the address to
which notifications should be sent, and filing a complaint with the Attorney General’s Office accusing
State officials of crimes.142 In her reply to the notification, Magistrate Flores informed the Director of
Personnel Management that she had requested a copy of the case file on her amparo petition in order
to prepare her defense.143
87.
On January 7, 2010, Magistrate Flores appeared at the Office of the Director of
Personnel Management and indicated that she had failed to ask permission to be away from her office
when she filed the petition of amparo on June 30, 2009, because of the “anxiety and uncertainty she
was experiencing at the time,” caused by the disruption of constitutional order. She added, however,
that the San Pedro Sula District Appellate Court had no hearings scheduled for that date. Concerning
the alleged solicitorship, she stated that she had filed the petition seeking amparo relief as a defender of
human rights, an authority given by law to “any natural or legal person”. She maintained further that
the request for nullification of the proceedings on the amparo petition is not solicitorship, “since it is a
step taken within the amparo process.” She maintained that on another occasion, she had given her
office as her address when in 2008 she filed a constitutionality challenge, and was never notified of any
impropriety. As for the criminal complaint brought against State officials, she argued that here again,
she had acted as a defender of human rights. Magistrate Flores argued further that her disciplinary case
amounted to persecution and violated her rights to freedom of expression and freedom of opinion and
her rights of assembly and association. Finally, she asserted that the statute of limitations for imposing
disciplinary measures had expired.144
88.
The Office of the Director of Personnel Management ordered that the evidence offered
by Magistrate Flores be entered and examined.145 On January 14, 2010, the magistrate appealed that
decision, on the grounds of the statute of limitations and alleged irregularities.146 On February 22, 2010,
Judicial Career Personnel Management. October 20, 2009. Pages 81-82. Attachment to the petitioners’ communication of
January 20, 2011.
142
Annex 23. Republic of Honduras. Office of the Director of Personnel Management. File No Office of the Director of
Personnel Management. File No. 222-223-2009. Complaint . 267-OGJT-PJ-2009. Summons. November 20, 2009. Pages 84-85.
Attachment to the petitioners’ communication of January 20, 2011.
143
Annex 23. Republic of Honduras. Office of the Director of Personnel Management. File No Office of the Director of
Personnel Management. File No. 222-223-2009. Complaint. 267-OGJT-PJ-2009. Communication addressed to José Antonio
Salazar, Director of Personnel Management, from Tirza Flores Lanza. December 3, 2009, Request for a photocopy of the case
presented to the Constitutional Chamber of the SCJ. December 3, 2009. Page 86. Attachments to the petitioners’
communication of January 20, 2011.
144
Annex 23. Republic of Honduras. Office of the Director of Personnel Management. File No Office of the Director
of Personnel Management. File No. 222-223-2009. Complaint. 267-OGJT-PJ-2009. Rebuttal Hearing 04-2010. January 7, 2012.
Pages 95. The magistrate cited articles 83 of the Judicial Career Service Act, 214 of the Regulations governing that law, and 40
of the Civil Code, and indicated that the Supreme Court had taken cognizance of the relevant facts in the period between June
30 and September 9, 2009.
145
Annex 23. Republic of Honduras. Office of the Director of Personnel Management. File No Office of the Director of
Personnel Management. File No. 222-223-2009. Complaint. 267-OGJT-PJ-2009. Decision of the Office of the Director of Judicial
Career Personnel Management. January 11, 2010. Page 106. Attachment to the petitioners’ communication of January 20,
2011.
146
Annex 23. Republic of Honduras. Office of the Director of Personnel Management. File No Office of the Director
of Personnel Management. File No. 222-223-2009. Complaint. 267-OGJT-PJ-2009. Appeal filed against the Decision of the Office