It shall consist of seven principal members, with their respective deputies, representing
political parties, movements or political alliances obtaining the highest number of votes in the
last multi-seat elections, at the national level, and who shall submit to the National Congress
the lists of candidates from which the principal members and their deputies shall be elected.
The members shall be appointed by a majority of the members of the Congress, they will
remain in office for four years and may be re-elected (...).
Article 276. The Constitutional Tribunal shall have competence:
1. To hear and decide appeals on the unconstitutionality, in substance or in form, of organic and
ordinary laws, decree-laws, ordinances, statutes, regulations, and resolutions issued by organs of the
institutions of the State, and to suspend all or some of their effects.
2. To hear and decide on the unconstitutionality of the administrative acts of all public authorities. The
declaration of unconstitutionality shall result in the annulment of the act, without prejudice to the
administrative organ adopting the necessary measures to preserve respect for the constitutional
norms.
Article 277. Actions on unconstitutionality may be presented by: (...) 5. One thousand citizens
exercising their political rights, or any person following a favorable report of the Ombudsman on its
admissibility, in the cases of sub-paragraphs (1) and (2) of the same article (...).
32.
Finally, the Law on Contentious Administrative Jurisdiction provides, so far as is relevant:
Article 6. The Contentious-administrative jurisdiction shall not have jurisdiction over: (...) c) Matters
arising in connection with the political acts of the Government (...) d) The resolutions issued by
electoral bodies. (...)
C.
Appointment Proceeding of the Alleged Victim to the Supreme Electoral Tribunal
33.
As indicated in the previous section, article 209 of the 1998 Constitution provided that the
Supreme Electoral Tribunal shall be composed of seven principal members and seven deputies, representing
the political parties obtaining the greatest number of votes in the multi-seat elections, who will submit to the
National Congress the list of candidates from which the principal and deputy members shall be elected.4
34.
On December 2, 1998, the National Congress, taking into account the electoral results of May
31, 1998, and the candidates sent to it, appointed the members of the Supreme Electoral Tribunal for the period
1998-2003, among who was the alleged victim. 5
35.
On December 3, 1998, 6 the alleged victim was appointed as vice president of the Supreme
Electoral Tribunal, and as its president on December 7, 2000. 7
36.
On January 9, 2003, the National Congress, in Resolution 24-017, and in exercise of the powers
established in Articles 130(11), and 209 of the Constitution of the Republic, again appointed the members of
This law is the result of a popular referendum referred to earlier in this Report. Prior to its reform, Article 137 of the Constitution provided
that the Supreme Electoral Tribunal would be constituted by seven members representing each of the seven lists obtaining the greatest
number of votes at a national level.
5Annex. 1 Resolution of Appointment as Member, of December 2, 1998. Annex 1 to the initial petition received on May 26, 2005, document
1.
6Annex 2. Certification of November 15, 1999. Annex 12 to the petition received on May 26, 2005, document 7.
7Annex 3. Certification of February 1, 2001. Annex 12 to the petition received on May 26, 2005, document 7.
4
6