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PROVEN FACTS
19. This case refers to two dismissals of Mr. Colindres Schonenberg from his position as Principal
Judge of the Supreme Electoral Tribunal. In this regard, the relevant facts regarding: (a) the
regulatory framework; (b) the appointment of Mr. Colindres Schonenberg as a judge and the first
dismissal; (c) the second dismissal of Mr. Colindres Schonenberg; (d) appeals filed by Mr.
Colindres Schonenberg, and (e) the claim for damages regarding the first dismissal.
A.
20.
Regulatory Framework
The Constitution of the Republic of El Salvador provides:
Art. 208.- There will be a Supreme Electoral Tribunal that will be made up of five judges
having five-year terms and will be elected by the Legislative Assembly. Three of them from
each of the shortlists proposed by the three political parties or legal coalitions that obtained
the highest number of votes in the last presidential election. The two remaining Judges will
be elected with votes from at least two thirds of the elected members of the Assembly,
from two shortlists proposed by the Supreme Court of Justice, who must meet the
requirements to be Judges of the Chambers of Second Instance, and have no party
affiliation.
There will be five alternate judges elected in the same way as the principal judges. If, for
any reason, one of the three-candidate shortlists is not proposed, the Legislative Assembly
will make the respective election without the missing list.
The Principal Judge will be the one proposed by the party or legal coalition that obtained
the highest number of votes in the last presidential election.
The Supreme Electoral Tribunal will be the highest authority in this matter, notwithstanding
the remedies set out in the Constitution for violation thereof.15
21. The Supreme Electoral Tribunal “is a body with full jurisdictional, administrative, and
financial autonomy in electoral matters and, therefore, is not subject to any body of the [S]tate.”16
The duties and powers of the Supreme Electoral Tribunal include "convening, organizing, directing,
and monitoring electoral processes,”17 and “hearing and resolving of all kinds of actions,
objections, petitions, remedies, and incidents that could be brought forward.”18
22. According to the Electoral Code, there are different requirements to be a judge of the
Supreme Electoral Tribunal, depending on whether the judge is elected from a shortlist made by
a political party or by the Supreme Court of Justice. In this sense, it is established that:
a. For the three judges proposed by the Political Parties or Coalitions that have obtained
the highest number of votes in the last presidential election, the candidate must be
Salvadorian, over thirty years of age, laypersons, well-known for their level of education
and honesty, to be in the exercise of their rights as a citizen and have been so for the five
years prior to their election, and,
Constitution of El Salvador of 1983, amended on October 31, 1991 (evidence file, folio 24).
Electoral Code, Decree No. 417, art. 56 (evidence file, folio 1731).
17
Specifically, from the President and Vice President of the Republic; ii. Members of the Central American
Parliament; iii. Members of the Legislative Assembly; and iv. Members of the Municipal Councils. Electoral Code,
Decree No. 417, art. 79 (evidence file, folio 1737).
18
Electoral Code, Decree No. 417, art. 80 (evidence file, folio 1740).
15
16