REPORT N° 25/06 1
PETITION 12.311
ADMISSIBILITY
EDUARDO BENJAMÍN COLINDRES
EL SALVADOR
March 14, 2006
I.
SUMMARY
1.
On May 4, 2000, the Inter-American Commission on Human
Rights (hereinafter the "Inter-American Commission," the "Commission"
or the "IACHR") received a petition from the Human Rights Institute of
the "José Simeón Cañas" Central American University, IDHUCA
(hereinafter "the petitioners") alleging the international responsibility of
El Salvador ("the State") for violation of the human rights of Mr.
Eduardo Benjamín Colindres (hereinafter "the alleged victim") in
connection with his dismissal, by the Legislative Assembly, from the
office of magistrate of the Supreme Electoral Tribunal. The petitioners
allege that the events complained of constitute a violation of several
rights protected by the American Convention on Human Rights ("the
American Convention"); the right to a fair trial (Article 8); the principle
of freedom from ex-post-facto laws (Article 9); protection of a person's
honor and dignity (Article 11); political rights (Article 23); and the right
to judicial protection (Article 25), all in violation of the general duty to
respect and guarantee rights (Article 1.1) and the duty to enact
domestic legislation (Article 2).
2.
Concerning the admissibility of the complaint, the petitioners
assert that they have exhausted the internal remedies, having filed a
complaint within six months of fulfilling the formal requirements of the
Convention and the Rules of Procedure of the IACHR. In response, the
Salvadoran State asks that the petition be ruled inadmissible because it
does not meet the requirements of Article 47.b of the Convention. The
State argues that the events reported by the petitioners as alleged
violations were examined by the national courts consistently with due
process of law, and on the four occasions when the alleged victim asked
1 Commissioner Florentín Meléndez, a Salvadoran national, did not take part in
the discussion and decisions on this report, as provided in Article 17.2.a of the
Rules of Procedure of the IACHR.
1
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