90.
In the instant case, the institution of disciplinary proceedings against Mr. Colindres was
motivated by his actions as a judge of the TSE in relation to matters concerning the PDC. As has been shown,
Mr. Colindres was removed from office in an arbitrary proceeding in which due process and the principle of
legality were violated in the manner described herein. In such circumstances, and consistent with the
interpretation contained in the preceding paragraph, the Commission considers that the State also violated
Article 23(1)(c) of the American Convention taken in conjunction with Article 1(1) of that instrument to Mr.
Colindres' detriment.
V.
CONCLUSIONS
91.
The Commission concludes that the State is responsible for violation of the right to a fair
trial, the principle of legality, the right to participate in government, and the right to judicial protection
recognized in Articles 8(1), 8(2)(b), 8(2)(c), 8(2)(h), 9, 23(1)(c), 25(1) and 25(2)(c) of the Convention taken
in conjunction with Articles 1(1) and 2 of that treaty, to the detriment of Mr. Colindres.
VI.
RECOMMENDATIONS
92.
Based on the above conclusions,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THAT THE STATE OF
EL SALVADOR:
1.
Reinstate Mr. Benjamín Eduardo Colindres in a position similar to the one he held, with the
same pay, welfare benefits and rank as he would enjoy at present had he not been dismissed, for the length of
time that remained under his term; or, if for justified reasons his reinstatement is not possible, pay him an
alternative indemnity.
2.
Provide reparation for the consequences of the violations established in this report,
including both material and nonpecuniary damages
3.
Take steps to implement the necessary legal reforms and training to ensure that disciplinary
proceedings against judges of the Supreme Electoral Tribunal, both in terms of their regulation and in
practice, are conducted in conformity with the guarantees of competency, independence, and impartiality,
and in strict observance of the right of defense, and that the applicable disciplinary grounds and penalties are
compatible with the principle of legality.
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