-3I INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE 1. The case submitted to the Court. - On September 8, 2017, the Inter-American Commission on Human Rights (hereinafter, also “the Commission” or “the Inter-American Commission”) submitted to the jurisdiction of the Court the case of Eduardo Benjamín Colindres against the Republic of El Salvador (hereinafter also “ the State,”). The Commission indicated that “[t]he instant case relates to the dismissal of Mr. Eduardo Benjamin Colindres from his position as judge of the Supreme Electoral Tribunal by the Legislative Assembly.” The Commission determined that his dismissal violated multiple guarantees of due process and the principle of legality. “These violations were analyzed in light of the principle of judicial independence, taking into account the position that the victim h[eld]." Likewise, the Commission "determined that, following the arbitrary dismissal […], the State also violated the right of access to public service under conditions of equality.” 2. Procedure before the Commission. - The procedure before the Commission was as follows: a) Petition. – On May 4, 2000, the Human Rights Institute of José Simeón Cañas Central American University filed the initial petition on behalf of the alleged victim. b) Admission Report. - On March 14, 2006, the Commission approved Admission Report No. 25/06.1 c) Merits Report. – On March 18, 2017, the Commission approved Merits Report No. 23/17, in which it reached a series of conclusions2 and made several recommendations to the State.3 The Merits Report was notified to the State on June 8, 2017. d) Report on the Commission’s recommendations. - On August 14, 2017, the State submitted certain information and requested an extension. However, "it did not provide information indicating its willingness to comply with all the recommendations of the merits report," so the Commission did not grant the requested extension. e) Submission to the Court. – On September 8, 2017, the Commission submitted this case to the Court “due to the need to obtain justice.” The Commission appointed Commissioner Margarette May Macaulay and Executive Secretary Paulo Abrão as its delegates, as well as Elizabeth Abi-Mershed, Deputy Executive Secretary, and 1 Cf. IACHR, Report No. 25/06, Case 12,311, Admissibility, Eduardo Benjamin Colindres, El Salvador, March 14, 2006. The Commission concluded that the State of El Salvador is responsible for violation of the right to a fair trial, the principle of legality, the right to participate in government, and the right to judicial protection recognized in Articles 8(1), 8(2)(b), 8(2)(c), 8(2)(h), 9, 23(1)(c), 25(1) and 25(2)(c) of the Convention taken in conjunction with Articles 1(1) and 2 of that treaty, to the detriment of Mr. Colindres. 3 Consequently, the Commission made a series of recommendations to the State in relation to: 1. Reinstate Mr. Benjamín Eduardo Colindres to a position similar to the one he held, with the same pay, welfare benefits and rank as he would enjoy at present had he not been dismissed, for the length of time that remained under his term; or, if for justified reasons his reinstatement is not possible, pay him an alternative compensation. 2. Provide reparation for the consequences of the violations established in this report, including both material and nonpecuniary damages. 3. Take steps to implement the necessary legal reforms and training to ensure that disciplinary proceedings against judges of the Supreme Electoral Tribunal, both in terms of their regulation and in practice, are conducted in conformity with the guarantees of competency, independence, and impartiality, and in strict observance of the right of defense, and that the applicable disciplinary grounds and penalties are compatible with the principle of legality. 2