-10"wages that he did not receive" and indicated that "a civil action for compensation of damages against the State” could be filed.35 The Constitutional Division pointed out that in the law, “there are no express reasons for dismissal or removal before the end of the period [of the TSE judges].”36 In this regard, the Constitutional Division advised that: precisely to guarantee the independent action of the electoral entity, it is essential that the judge maintain a position ensuring that pressures and/or influences are reduced or rendered futile. Therefore, the requirements that the Constitution and the law establish for occupying the position of judge of the Supreme Electoral Tribunal must be met, not only at the time of election by the Legislative Assembly, but must also be maintained during the term of office for which they were elected. It is not a question here [of] that the judge, once elected, must retain the political trust of the political party that proposed their name or of the parliamentary groups that intervened in his election, but rather that said judge must position him or herself with independence and, therefore, must meet the requirements and must not incur the disqualifications for [said] position.37 31. The Constitutional Division recognized that "the constitutional and infra-constitutional regulations do not establish an express procedure for the dismissal of judges" from the TSE.38 However, it indicated that if the Legislative Assembly was the competent body to appoint the TSE judges, “it could perfectly be interpreted – given the political origin of the appointment – that [it also had the power] to decide on their dismissal.”39 It also warned that "in order for the dismissal or removal of a judge from the Supreme Electoral Tribunal to be consistent with [the] constitutional system, it is necessary to respect the person’s right to a hearing," in accordance with article 11 of the Constitution.40 C. Second dismissal of Mr. Colindres Schonenberg 32. On March 23, 1998, deputies from the PDC presented the Legislative Assembly a “request for a motion” to dismiss Judge Colindres Schonenberg.41 To this effect, they indicated that the grounds for dismissing Judge Colindres Schonenberg continued and have been reinforced.42 33. On March 24, 1998, the Legislative Assembly agreed to form a Special Commission of five deputies “for the purpose of dictating an informational document guaranteeing the right to a hearing for Eduardo Benjamín Colindres.”43 34. On April 15, 1998, three deputies from the PDC submitted an extension of the request for dismissal before the Special Commission, indicating that “on repeated occasions [Mr. Colindres Schonenberg] has publicly stated that he does not belong to the Christian Democratic Party, when it was [this party] who proposed him as a judge before the [TSE].”44 In addition, they pointed out that in relation to the dispute within the PDC "he has not maintained adequate composure as a Cf. Resolution of the Constitutional Division of November 4, 1997 (evidence file, folio 375). According to the evidence provided by the State, Mr. Colindres received payment of the wages he had not received beginning upon his dismissal in November 1996, and until his reinstatement in November 1997, for a total amount of 157,344.63 Salvadoran colones. Cf. Copy of the payroll receipts for Eduardo Benjamín Colindres for the months of December 1996 to November 1997 (evidence file, folios 1993 to 2007). 36 Cf. Resolution of the Constitutional Division of November 4, 1997 (evidence file, folio 365). 37 Cf. Resolution of the Constitutional Division of November 4, 1997 (evidence file, folio 366). 38 Cf. Resolution of the Constitutional Division of November 4, 1997 (evidence file, folio 369). 39 Cf. Resolution of the Constitutional Division of November 4, 1997 (evidence file, folio 369). 40 Cf. Resolution of the Constitutional Division of November 4, 1997 (evidence file, folio 368). 41 Cf. Motion request of March 23, 1998 (evidence file, folios 380 to 382). 42 Cf. Motion request of March 23, 1998 (evidence file, folio 382). 43 Cf. Legislative Agreement No. 281 of March 24, 1998 (evidence file, folio 384). 44 Cf. Brief signed by three PDC deputies on April 15, 1998 (evidence file, folios 386 to 387). 35