for judicial protection his applications were examined and decided by the
Constitutional Chamber of the Supreme Court of Justice.
3.
After reviewing the positions of the parties, the Commission
concludes that it does have jurisdiction to hear the claim and that the
case
is
admissible
under
Article
46
of
the
American
Convention. Consequently, the Commission decides to so notify the
parties, to continue examining the substance of the claims concerning
alleged violations of the American Convention, to publish this
Admissibility Report and to include it in its Annual Report to the OAS
General Assembly.
II.
PROCEDURE BEFORE THE COMMISSION
4.
On May 4, 2000, the Commission received a petition from the
Human Rights Institute of the "José Simeón Cañas" Central American
University, IDHUCA. On July 9, 2000, the IACHR conveyed the
complaint to the Government of El Salvador, asking it to answer within
90 days. On October 31, 2000, the Government answered the
petition. On November 3, 2000, the Commission conveyed the State's
answer to the petitioners. On December 4, 2000, the Commission
received the petitioners' reply to the State's comments, which was
relayed to the latter by a note dated December 13, 2000. On January
19, 2001, the State requested a 30-day extension to comment. The
Commission granted this extension on January 24, 2001. On March 1,
2001, the State filed additional comments on the admissibility of the
petition. On February 22, 2002, the petitioners asked the Commission
to rule the petition admissible.
III.
A.
POSITIONS OF THE PARTIES
The petitioners
5.
The initial petition alleged that on August 11, 1994, Mr. Eduardo
Benjamín Colindres was appointed full magistrate of the Supreme
Electoral Tribunal for a period of five years. On November 22, 1996, by
Decree 899, the Legislative Assembly removed him from office because
of alleged irregularities in the performance of his duties. On December
2, 1996, Mr. Colindres filed with the Constitutional Chamber of the
Supreme Court an application for constitutional protection against the
decision of the Legislative Assembly. On November 4, 1997, the
Supreme Court held that his separation from office violated his rights to
a hearing and to job security. It ordered him reinstated with back pay.
2
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents