Judicial Independence

The president of the Supreme Court said an ex-judge accused of extortion will not be reinstated despite potential appellate rulings, and must undergo administrative review by the Judicial Career Council.

Honduras's judges are pressing Congress to move forward with a sweeping overhaul of the judicial-career rules, sent on June 10, that would tighten selection of council members and prevent conflicts of interest after a decade marked by constitutional violations and criminal charges against previous office holders.

Honduras's Appeals Court invalidated all criminal proceedings against former judge Marco Antonio Vallecillo for extortion, ruling that prosecutors skipped the mandatory antejuicio pre-trial procedure required before charging a sitting judge.

Former Attorney General Johel Zelaya confirmed the Constitutional Court unanimously admitted his legal challenge to his removal through congressional impeachment, and said he will pursue the case at international human-rights bodies including the Inter-American Commission on Human Rights if domestic remedies fail.

Gabriela Castellanos, director of Honduras's National Anti-Corruption Council, said tolerance for intimidation of public officials threatens rule of law, citing the Attorney General's complaint that former president Juan Orlando Hernández confronted prosecutors during a court hearing.

The Public Ministry said it will investigate allegations that the judge overseeing the case against former military chief Roosevelt Hernández has faced interference and threats, responding to complaints from journalists' and human rights groups.

Supreme Court Justice Sonia Marlina Dubón issued a dissenting vote in former military commander Romeo Vásquez Velásquez's appeal and publicly warned of selective justice in Honduras's judiciary, arguing that procedural law does not allow alternative measures for serious crimes such as murder.

Honduras's journalists' association called for an immediate investigation into allegations that magistrates Sonia Marlina Dubón and Mario Díaz pressured the judge overseeing the criminal trial of former military commander Roosevelt Hernández, claims brought by two civil society organizations, ASOPODEHU and JOPRODEHU.

Civil-rights organizations presented concerns to the Inter-American Commission on Human Rights about Honduras's judicial independence, judicial-removal proceedings, and lack of an independent judiciary council, while the Honduran government disputed the hearing's scope rather than address the allegations.

Constitutional Court Justice Sonia Dubón criticized what she called selective justice in the Supreme Court's handling of former President Juan Orlando Hernández's Pandora II case, following a judge's decision on August 3 to replace his pretrial detention with alternative measures.

Magistrate Mario Díaz rejected allegations that he and fellow magistrate Sonia Marlina Dubón pressured a trial judge to reschedule hearings in the Roosevelt Hernández case, asserting judges are independent and he has never interfered with their schedules.

Domestic and international civil-society organizations presented concerns to the Inter-American Commission on Human Rights about vulnerabilities in Honduras's justice system, citing political pressure on judges and weakened oversight of government abuses.

Honduras's ambassador to the OAS deflected questions from the Inter-American Commission on Human Rights about judicial independence and political trials, saying the government would respond through diplomatic channels rather than engage directly at the hearing.

A regional Inter-American Commission on Human Rights hearing scheduled for August 5 will allow Honduras and civil-society groups to present positions on judicial independence, but is informational only and does not constitute an international judgment or condemnation of the state.

Honduras confirmed its OAS mission in Washington will represent the government at an Inter-American Commission on Human Rights hearing on August 5 addressing judicial independence and the use of political trials.

Former Supreme Court magistrate Jacobo Cálix urged broad public debate on a proposed Judicial Council law before Congress approves it, cautioning that if the legislature appoints council members, political influence could undermine judicial independence and merit-based judge selection.

Liberal Party congressman Salomón Nazar has introduced legislation to create a protected-identity program for judges and court staff handling organized crime, drug trafficking, and terrorism cases, with safeguards requiring court approval and preserving due-process rights.