-29in its case law concerning the nature and scope of the obligation to make full reparation, in order
to establish measures to redress the harm caused to the victims.168
A.
Injured Party
122. Pursuant to Article 63(1) of the Convention, this Court considers the injured party to be
anyone who has been declared a victim of the violation of any right established therein. Therefore,
this Court considers Eduardo Benjamín Colindres Schonenberg to be the “injured party,” who, as
a victim of the violations declared in Chapter VI, will be the beneficiary of the reparations ordered
by the Court.
B.
Measures of Satisfaction
123. As a measure of satisfaction, the representatives requested to order publication of the
judgment's text “on the electronic page[s] of the Supreme Court of Justice, the Legislative
Assembly, the Supreme Electoral Tribunal, and the Ministry of Foreign Affairs.”
124. As it has done in other cases169, the Court orders that within a period of six months counted
from the notification of this Judgment, the State publish: a) the official summary of this Judgment,
prepared by the Court, one time only in the Official Gazette; b) the official summary of the
Judgment prepared by the Court, one time only, in a newspaper with wide national circulation, in
a legible and adequate font size, and c) this Judgment in its entirety, available for a period of one
year on the official websites of the Supreme Court of Justice, the Legislative Assembly, and the
Supreme Electoral Tribunal.
125. The State must inform this Court immediately once it proceeds to make each of the
publications ordered, regardless of the one-year term it has to present its first report, as provided
in operative point 8 of this Judgment.
C. Guarantees of Non-Repetition
126. The Commission requested, as a measure of non-repetition in this case, “to order the
normative modifications […] necessary to ensure that the disciplinary proceedings against judges
of the Supreme Electoral Tribunal, both in regulation and in practice, are carried out with
guarantees of competence, independence, and impartiality,” in strict adherence to the right of
defense, as well as that the disciplinary causes and the applicable sanctions are compatible with
the principle of legality.” The representatives adhered to what was requested by the
Commission, clarifying that at present "there is no previously established and specific procedure
for dismissing a TSE judge from their functions, and therefore there is a regulatory vacuum," also
requesting the stipulation of a term for El Salvador to make the pertinent regulatory changes.
127. This Court has already concluded that in this case, the dismissal of Mr. Colindres
Schonenberg was carried out following a decision of the Constitutional Division without the
existence of regulations that would permit and regulate it. Existing laws in El Salvador provide
that TSE judges are elected for a period of five years, during which they can only be removed
from office in cases in which they have committed an official or common crime and as a result of
the application of a procedure expressly established in the Constitution (supra para. 23). The
Cf. Case of Velásquez-Rodríguez v. Honduras Reparations and Costs. Judgment of July 21, 1989. Series C No.
7, para. 25 and 26, and Case of Alvarado Espinoza et al. v. Mexico Merits, Reparations, and Costs. Judgment of
November 28, 2018. Series C No. 370, para. 288.
169
Cf. Case of Cantoral Benavides v. Peru Reparations and Costs. Judgment of December 03, 2001. Series C No.
88, para. 25, and Case of Órdenes Guerra et al. v. Chile. Merits, Reparations, and Costs. Judgment of November 29,
2018. Series C No. 372, para. 125.
168