-9para 20). Mr. Colindres Schonenberg was elected from the shortlist presented by the Christian
Democratic Party (hereinafter “PDC”).26 His term ended on July 30, 1999.27
27. In 1996, a dispute arose regarding who was the legitimate Secretary General of the PDC.28
The TSE had to settle this dispute.29 Members of the PDC questioned the actions of Mr. Colindres
Schonenberg in relation to this conflict.30
28. On November 21, 1996, members of the PDC requested the dismissal of Mr. Colindres
Schonenberg.31 The following day, the Legislative Assembly issued a legislative decree resolving
to dismiss Mr. Colindres Schonenberg from his post as TSE judge.32 The decree stated:
That the election period [of five years] does not mean in any way that said officials cannot
be removed from their positions if some of them cease to meet the requirements to be
judges of the Supreme Electoral Tribunal, [established] in Art. 60 of the Electoral Code;
what comes to constitute just and legal cause, so that the judge who ceases to meet those
requirements, be removed from their position before the expiration of the period for which
said person was elected[;]
The actions of Dr. Eduardo Benjamín Colindres as Principal Judge of the [TSE] has caused
general ill effects among the Public Administration bodies, hindering its smooth operations,
not responding to the needs and demands that the administrative dynamics of that Court,
aggravating the situation due to his lack of experience, preparation, and trustworthiness in
the performance of his duties, reflecting bias in his actions as judge, especially in relation
to the internal problems of the Christian Democratic Party and not recusing himself from
hearing the aforementioned crisis; [thereby] losing the objectivity and impartiality required
in his capacity.33
29. On December 2, 1996, Mr. Colindres Schonenberg filed an application for constitutional relief
(amparo) before the Constitutional Division of the Supreme Court of Justice against the decree
that dismissed him.34
30. On November 4, 1997, the Constitutional Division reinstated Mr. Colindres Schonenberg as
a TSE judge, since his dismissal did not guarantee his right to a hearing, ordering that he be paid
Cf. Statement of Eduardo Colindres Schonenberg rendered at the Public Hearing; Newspaper article published
in the "El Mundo" newspaper on November 22, 1996, entitled "Colindres dismissed" (evidence file, folio 1317), and
Newspaper article published in the "El Mundo" newspaper on November 28, 1996, titled “Removal of Colindres is
'terrorism'” (evidence file, folio 1322).
27
Cf. Newspaper article published in the newspaper "La Prensa Gráfica" on November 8, 1997, entitled “Colindres
reinstated to TSE” (evidence file, folio 1289).
28
Cf. Newspaper article published in the "La Prensa Gráfica" newspaper on November 2, 1996, entitled “Judge
will refrain from hearing conflict in PDC” (evidence file, folio 1283); Newspaper article published in the "Co Latino"
newspaper on November 10, 1997, entitled "Colindres will reform certain TSE processes" (evidence file, folio 1253),
and Newspaper article published in the "Co Latino" newspaper on November 8, 1997, entitled “Colindres returns to
the TSE” (evidence file, folio 1251).
29
Cf. Newspaper article published in the "La Prensa Gráfica" newspaper on November 2, 1996, entitled "Judge
to refrain from hearing PDC conflict" (evidence file, folio 1283).
30
Cf. Newspaper article published in the "El Mundo" newspaper on November 22, 1996, entitled "Colindres
dismissed" (evidence file, folio 1317), and Newspaper article published in the newspaper "El Mundo" on November
28, 1997, titled “Removal of Colindres is 'terrorism'” (evidence file, folio 1322).
31
Cf. Statement of Eduardo Colindres Schonenberg rendered at the Public Hearing; Newspaper article published
in the "El Diario de Hoy" newspaper on November 22, 1996, entitled "PDC requests the dismissal of Colindres"
(evidence file, folio 1273); Newspaper article published in the "La Prensa Gráfica" newspaper on November 24, 1996,
entitled "Three groups dispute supremacy of the party" (evidence file, folio 1304), and Newspaper article published
in the "La Prensa Gráfica" newspaper on December 11, 1996, entitled "Supreme Court protects TSE magistrate"
(evidence file, folio 1296).
32
Cf. Legislative Decree 899 of November 22, 1996 (evidence file, folio 39), and Statement of Eduardo Colindres
Schonenberg rendered at the Public Hearing.
33
Cf. Legislative Decree 899 of November 22, 1996 (evidence file, folios 38 and 39).
34
Cf. Amparo application of December 2, 1996 (evidence file, folios 335 to 341).
26