10.
At its plenary session of July 2, 1998, the Legislative Assembly
decided to remove Mr. Eduardo Benjamín Colindres from the office of
full magistrate of the Supreme Electoral Tribunal. The basis for this
decision was that the reasons that had prompted Decree 899, which
ordered his removal in 1997, still existed.
11.
On July 15, 1998, the alleged victim filed with the Supreme Court
a constitutional protection action against the legislative decree. The
stated grounds for this appeal was that the only way Mr. Colindres could
have been removed from office was by an impeachment procedure if he
had committed a crime. He also argued that the Legislative Assembly
could not exercise functions beyond those assigned to it by the
Constitution and, accordingly, had no authority to establish an ad hoc
procedure to remove him from office, especially when that procedure
disregarded his right to defend himself and meant that he was being
tried twice for the same occurrences. His application also argued that
the Special Committee violated his right to due process by not
responding to any of his petitions and by concealing the exculpatory
evidence submitted by the Supreme Electoral Tribunal. Lastly, he
argued that one of the reasons given for his removal was that he had
allegedly committed the crime of contempt, but was never given a
hearing in that connection.
12.
On May 4, 1999, the Supreme Court rejected the constitutional
protection application.
The Court based its decision on two
considerations. First, it argued that there was a gap in the law as
regards the procedure for removing magistrates of the Supreme
Electoral Tribunal, but this gap had been legitimately filled by the
Special Committee of the Legislature, which was empowered to hear the
removal case. Second, it pointed out that Mr. Colindres had not been
tried twice for the same events, but for a continuous conduct involving
different events. In addition, the Supreme Court indicated that the first
constitutional protection action that led to the cancellation of the
removal had taken the matter back to its initial point of departure,
setting aside the first decision, so that it could not be argued that there
were two different decisions. The Supreme Court did not deal with the
other allegations of procedural violations raised by the plaintiff.
13.
On July 27, 1999, the alleged victim filed a new Constitutional
protection action reiterating the procedural violations that in his
judgment had affected his right to due process of law, including the
concealment of evidence produced by the Supreme Tribunal and the
failure to include in the case file his brief defending himself and
4
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