6.
The petitioners say that six months after the Mr. Colindres was
reinstated, the full Legislature asked for a Special Legislative Committee
to be set up in order to investigate his conduct, stating that the
Assembly believed that "the reasons that led to the removal of that
magistrate still exist and have grown stronger." On March 25, 1998, the
Legislative Assembly approved Legislative Agreement 281 establishing
the Special Committee.
7.
On April 20, 1998, Mr. Colindres filed a constitutional protection
action with the Constitutional Chamber of the Supreme Court of Justice
asking for a preventive ruling that the establishment of the Special
Committee violated his rights to a fair hearing and to freedom from
double jeopardy, as well as the principle of the natural or pre-existing
judge. The petitioners explained that the action was initially ruled
admissible but, because of pressure exerted by the Legislative Assembly
on the judges of the Court, on April 30, 1998, the Court reversed its
admissibility ruling and dismissed the constitutional protection
application, arguing that it was objectively and subjectively
indeterminate.
8.
As regards the proceedings before the Legislative Assembly, the
petitioners say that on April 20, 1998, within the time frame stipulated
for a hearing, Mr. Colindres filed with the Special Committee a brief
asking it to rule that it had no jurisdiction to go on with its
investigation. On April 21, 1998, the Special Committee requested from
the Supreme Electoral Tribunal information to determine whether there
was any new evidence supporting an expansion of the reasons given for
Mr. Colindres' removal. That information was submitted by the
Supreme Electoral Tribunal on April 28, 1998. On May 21, 1998, the
Special Committee delivered a report to the Legislative Assembly
denying it had received information from the Supreme Electoral
Tribunal. In light of this concealment of the information, Mr. Colindres
asked the Supreme Tribunal to resend the documents, this time to the
Political Committee of the Legislative Assembly, along with a copy of the
latter showing that the Legislative Committee had already received the
information.
9.
On May 26, 1998, Mr. Colindres filed with the Political Committee
of the Legislative Assembly a brief reiterating his position that the
Special Committee had no jurisdiction to guarantee a fair hearing. In
that brief he also offered evidence and requested an oral hearing before
the full Legislature to rebut the case against him. The petitioners assert
that this brief was never added to the case file used against Mr.
Colindres (number 118-167).
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