requesting the taking of evidence. On November 5, 1999, the Supreme
Court of Justice again denied his application, holding that his allegations
simply "pointed to a mere illegality and lacked a constitutional
foundation" and that the underlying events reflected a "mere
disagreement with the procedure followed by the Legislative Assembly
and with the contents of the resolution removing him from office." The
Court concluded that "the Chamber is not a venue for reviewing the
judgment exercised by the Legislative Assembly (...) or material
assessments or procedural steps." 2
14.
In light of these events, the petitioners argued that the State had
violated Mr. Colindres' right to a fair trial, to protection from ex-postfacto laws, to a natural or pre-existing judge, to a fair hearing; to his
good name and dignity; as well as the political right of access to public
office and the right to judicial protection, as recognized in Articles 8, 9,
11, 23 and 25 of the American Convention in conjunction with the
obligations established in Articles 1.1 and 2 thereof. They declared that
they had filed their petition within six months of the last court decision
sought in the case and had fulfilled all formal requirements for filing a
petition under the Convention and the Rules of Procedure of the IACHR.
B.
Position of the State
15.
In response, the State argued that the events described by the
petitioners' as alleged violations of rights protected by the Convention
had been examined by the national courts consistently with due process
rules. On the four occasions Mr. Colindres had applied for judicial
protection, his applications had been reviewed and decided by the
Constitutional Chamber of the Supreme Court of Justice.
16.
In line with the jurisdiction defined by the Salvadoran
Constitution for the Constitutional Chamber of the Supreme Court of
Justice to hear constitutional protection questions, each application
heard by that Chamber followed the provisions of the Constitutional
Procedure Law as well as due process rules consistently with the
provisions of the American Convention on Human Rights.
17.
Rulings in constitutional protection actions, the State points out,
are final, become res iudicata, and may not be appealed. Consequently,
in the case brought to the Constitutional Chamber to secure recognition
2 Supreme Court of Justice, Constitutional Chamber, judgment of November 5,
1999.
5
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos