judges who, under the procedure set forth in the Constitution, had to be elected from shortlists put forward
by the political parties or lawful coalitions that garnered the most votes in the last presidential election. Mr.
Colindres was elected from a shortlist submitted by the Christian Democrat Party.
18.
What follows is an account of the impeachment proceedings conducted by the Legislative
Assembly against Judge Colindres, which culminated in his removal from office, in addition to the remedies
brought against those decisions.
1.
The Dismissal of Mr. Colindres as a Judge of the Supreme Electoral Tribunal on
November 22, 1996
19.
In 1996, there were various disputes in the Christian Democrat Party (PDC) over the party’s
leadership selection process that were brought to the attention of the TSE.5 Various records dating from 1996
show that Mr. Colindres recused himself from certain decisions that concerned the PDC.6 The record also
shows that he participated in decisions relating to that party.7 According to press reports, the leader of the
party reputedly said that there was insufficient communication between the leadership and the judge and,
therefore, "we are not excellently represented.”8
20.
In response to a petition for dismissal9 from members of the PDC, on November 22, 1996,
the Legislative Assembly decided by Legislative Decree 899 to remove Mr. Colindres from his position as a
judge of the TSE with the argument that:
(…) The conduct of Dr. Eduardo Benjamín Colindres as a TSE judge has caused widespread
malaise in the entities of the public administration, preventing the TSE from operating as it
should and from meeting the administration's needs and requirements, a fact exacerbated by
his clear lack of training and probity in the performance of his duties by acting with bias in
5 The existence of problems within the PDC and the Supreme Electoral Tribunal’s examination thereof was mentioned by
various press media. See Synoptical Table of Newspaper Articles, Headline “Magistrado se abstendrá de conocer conflicto en PDC,” (Judge
to recuse himself from PDC dispute) in LPG newspaper, November 2, 1996, p. 18, and headline “Riña en Convención. Ni Claramount ni
Umaña logran dos tercios de los votos. No hubo ganador en convención del PDC. Breves de la convención del PDC” (Row at Convention.
Neither Claramount nor Umaña Get Two Thirds of Vote. No Winner at PDC Convention. Bulletins from PDC Convention), LPG newspaper,
November 25, 1996, pp. 1-6.
6 See Supreme Electoral Tribunal Record 214 of November 1, 1996, item 4.III, p. 22, enclosed with the certification issued by
the Legislative Assembly for files 1157-4-98 and 1058-3-98, Annex 9 to the petitioner's initial petition of May 4, 2000 (received on that
same date); Summary of the contents of the certifications of items in TSE records regarding the PDC, p. 4; and Supreme Electoral Tribunal
Records 215 and 217 of November 5, 1996, item 4.II and 4.V. pp. 21 and 22, enclosed with the certification issued by the Legislative
Assembly for files 1157-4-98 and 1058-3-98, Annex 9 to the petitioner's initial petition of May 4, 2000 (received on that same date);
certifications of documents forwarded by the TSE to the Special Committee and the Political Committee on April 24, 1998, p. 152,
enclosed with the certification issued by the Legislative Assembly for files 1157-4-98 and 1058-3-98, annex to the petitioner's initial
petition of May 4, 2000 (received on that same date).
7 Thus, for example, in a matter concerning the PDC, specifically the certification of the roll of officers of the National Political
Committee, Record 383 of March 18, 1998 shows that Mr. Colindres signed the decision approving that roll. In relation to that matter, Mr.
Colindres said that he "neither objected nor obstructed. Summary of the contents of the certifications of items in TSE records regarding
the PDC, p. 4, and Supreme Electoral Tribunal Records 383 of March 18, 1998, item 4.III, p. 17, both enclosed with the certification issued
by the Legislative Assembly for files 1157-4-98 and 1058-3-98, annex to the petitioner's initial petition of May 4, 2000 (received on that
same date).
8 Synoptical Table of Newspaper Articles. Headline “Dirigentes viejos marginados del PDC” (Old PDC Leaders Sidelined), LPG
newspaper, November 6, 1996, p. 7-A.
9 According to press reports, at a PDC convention, Deputy Villatoro had urged his removal, insisting that “Mr. Colindres was an
immoral person.” According to the petitioners, in a press report the deputy "explained that Colindres' dismissal was necessary because
he had engaged in erratic conduct in the performance of his functions since he had used TSE employees for other purposes and exercised
his functions in a biased way, to the detriment of the internal affairs of the PDC Synoptical Table of Newspaper Articles. Headline “Se unen
en la votación ARENA y PDC. Movida Política, Colindres destituido del TSE” (ARENA and PDC Unite on Vote. Political Maneuver: Colindres
Ousted from TSE), in LPG newspaper, November 23, 1996, p. 6, and headline “Riña en Convención. Ni Claramount ni Umaña logran dos
tercios de los votos. No hubo ganador en convención del PDC. Breves de la convención del PDC” (Row at Convention. Neither Claramount
nor Umaña Get Two Thirds of Vote. No Winner at PDC Convention. Bulletins from PDC Convention), LPG newspaper, November 24, 1996,
p. 4.
4