-8b. The two remaining judges proposed by the Supreme Court of Justice must meet the
requirements to be judges of the Chambers of Second Instance and not have any party
affiliation.19
23. As to the responsibility of the judges, the Constitution provides that "the President and
judges of the Supreme Electoral Tribunal [...] will answer to the Legislative Assembly for official
and common crimes they may commit.”20 Similarly, the Electoral Code provides that “[t]he judges
shall answer before the Legislative [Body] for any official and common crimes they may commit,
in accordance with [...] the Constitution.”21 The Constitution sets out a particular procedure that
must be carried out in these cases.22
24. Meanwhile, the Constitution provides that “[n]o person may be deprived of the right to life,
liberty, property, and possession, or any other of such rights without first being heard and
defeated in court as provided by law; nor can a person be prosecuted twice for the same
offense.”23
B.
Appointment of Mr. Colindres Schonenberg as judge and first dismissal
25. Mr. Eduardo Benjamín Colindres Schonenberg is a lawyer, with a degree in Sociology and a
Doctorate in History.24 On August 11, 1994, he was appointed as Principal Judge of the Supreme
Electoral Tribunal (hereinafter, "TSE") by decree of the Legislative Assembly.25
26. Mr. Colindres Schonenberg was one of the three judges who, according to the constitutional
procedure, had to be elected from one of the shortlists submitted by political parties or legal
coalitions that had obtained the highest number of votes in the last presidential election (supra
Electoral Code, Decree No. 417, art. 60 (evidence file, folio 1732).
Cf.
Constitution of El Salvador of 1983, amended on October 31, 1991, Art. 236 (evidence file, folio 25).
21
Electoral Code, Decree No. 417, art. 78 (evidence file, folio 1737).
22
“The Assembly, hearing a prosecutor from among its members and the defendant, or a special defender, as
the case may be, will declare whether or not there are grounds for a case. In the first case, the proceedings will be
passed to the Chamber of Second Instance determined by law for it to hear the case in the first instance, and, in the
second case, they will be shelved. The resolutions issued by the mentioned Chamber will, in a second instance, be
heard by one of the Supreme Court of Justice Chambers, and the remedies admitted under such resolutions will be
decided by the full court. Any person has the right to report the crimes addressed in this article deals with, and to be
a party to the case, if said person meets the legal requirements to do so. It is also provides that “[f]rom the time that
the Legislative Assembly or the Supreme Court of Justice declares that there are grounds for a case to be filed, the
defendant will be suspended from exercising their duties and for no reason whatsoever may such person continue in
their position. Otherwise, the person will be guilty of the crime of prolongation of duties. If the ruling is condemnatory,
for the that very reason the person will be removed from office. If it is an acquittal, the person will return to exercising
their duties; if the position is one that is conferred for a specific period of time and the period for which they were
elected or appointed has not expired. Cf. Constitution of El Salvador of 1983, amended on October 31, 1991, arts.
236 and 237 (evidence file, folios 25 and 26).
23
Cf. Constitution of El Salvador of 1983, amended on October 31, 1991, Art. 11 (evidence file, folio 15).
24
Cf. Brief of Mr. Colindres Schonenberg addressed to the Political Commission of April 20, 1998 (evidence file,
folio 5), and statement of Eduardo Colindres Schonenberg given at the Public Hearing.
25
Cf. Official Gazette of the Republic of El Salvador, Legislative Decree 102 of August 29, 1994 (evidence file,
folio 11).
19
20