-17in the instant case.” It indicated that “despite the absence of a specific procedure to hear and
decide on the dismissal of judges of the Supreme Electoral Tribunal, the Constitutional Division
has already established a jurisprudential criterion that determines the obligation to observe a prior
procedure that guarantees the right to hearing and defense, in direct application of the
Constitution, by […] the Legislative Assembly.” In addition, he stressed that "constitutional
jurisprudence has indicated breach of duties or failure to comply with the requirements for
appointment to the position as judge of the Supreme Electoral Tribunal as grounds for dismissal,
which must be maintained during the entire term."
B.
Considerations of the Court
63. Article 8 of the Convention establishes the guidelines of the due legal process, which is made
up of a set of requirements that must be observed in the procedural instances, so that people are
in a position to adequately defend their rights in the face of any type of State act that may affect
them.95
64. In accordance with article 8(1) of the Convention, in determining the rights and obligations
of a civil, labor, fiscal, or any other nature of all persons, "the due guarantees" must be observed,
ensuring, specifically for the procedure in question, the right to due process.96 Failure to comply
with one of these guarantees entails a violation of said provision from the convention.97
65. In this sense, this Court has indicated that the guarantees set out in article 8(1) of the
Convention are also applicable in the event that a non-judicial authority adopts decisions that
affect the determination of people's rights,98 taking into account that those of a jurisdictional body
are not required, but it must comply with those intended to ensure that the decision is not
arbitrary.99
66. The dismissal of Mr. Colindres Schonenberg involved a determination of his rights since it
resulted in his immediate removal from his position as a judge. Therefore, this Court must
examine whether the procedure carried out by the Legislative Assembly was in accordance with
the guarantees of due process established in Article 8(1) of the American Convention.
67. This Court notes that Mr. Colindres Schonenberg was a judge of the Supreme Electoral
Court. The TSE is not part of the Judiciary. However, its duties include hearing and resolving on
"all kinds of actions, exceptions, requests, remedies, and incidents that could be presented."100
Consequently, the TSE fulfills jurisdictional functions in electoral matters. This means that TSE
judges like Mr. Colindres Schonenberg must be offered the same guarantees as judges in general.
Cf. Judicial Guarantees in States of Emergency (arts. 27.2, 25 and 8 American Convention on Human Rights).
Advisory Opinion OC-9/87 of October 6, 1987. Series A No. 9, para. 27, and Case of Ruano Torres et al. v. El Salvador
Merits, Reparations, and Costs. Judgment of October 05, 2015. Series C No. 303, para. 151.
96
Cf. Exceptions to the Exhaustion of Domestic Remedies (arts. 46.1, 46.2.a and 46.2.b, American Convention
on Human Rights). Advisory Opinion OC-11/90 of August 10, 1990. Series A No. 11, para. 28, of the Case of the
Pacheco Tineo Family v. Bolivia. Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 25,
2013. Series C No. 272, para. 130.
97
Cf. Case of Claude Reyes et al. v. Chile. Merits, Reparations, and Costs. Judgment of September 19, 2006.
Series C No. 151, para. 119, and Case of Barbani Duarte et al. v. Uruguay Merits, Reparations, and Costs. Judgment
of October 13, 2011. Series C No. 234, para. 117.
98
Cf. Case of the Constitutional Court v. Peru, Merits, Reparations, and Costs. Judgment of January 31, 2001,
para. 71, and Case of Flor Freire v. Ecuador. Preliminary Objection, Merits, Reparations and Costs. Judgment of
August 31, 2016. Series C No. 315, para. 165.
99
Cf. Case of Claude Reyes et al. v. Chile. Merits, Reparations, and Costs. Judgment of September 19, 2006.
Series C No. 151, para. 119, and Case of Flor Freire v. Ecuador. Preliminary Objection, Merits, Reparations and Costs.
Judgment of August 31, 2016. Series C No. 315, para. 165.
100
Electoral Code, Decree No. 47, art. 80 (evidence file, folios 1384 and 1385).
95