-31134. For their part, the representatives requested ordering to the State that “the Legislative
Assembly issue a decree declaring that Eduardo Benjamín Colindres always complied with the
requirements of suitability, training, and competence [and] notorious morality for the exercise as
Principal Judge of the Supreme Electoral Tribunal, as well as the admission of the arbitrariness
committed by that State agency for having removed him from office.” Likewise, they requested
that “in a solemn plenary session, with the presence of all the Supreme Electoral Tribunal judges,
the President of the Supreme Court of Justice and judges of the Constitutional Division, the
President of the Legislative Assembly” read the preceding decree in its entirety.
135. The Court considers that the issue of this Judgment and the reparations ordered in this
chapter are sufficient and adequate to remedy the violations suffered by the victim. Therefore, it
does not find it necessary to order said additional measures, without prejudice to the State
deciding to adopt and grant them internally.
E.
Compensation
136. The Committee requested “providing reparation for the consequences of the violations
established in the [Merits Report] including both pecuniary and nonpecuniary damages.” For their
part, the representatives requested payment of compensation for pecuniary damage and nonpecuniary damage. The State requested that if the international responsibility of the State is
upheld, it be taken into account that Mr. Colindres has already been paid the salary and
compensation under the framework of domestic proceedings filed by him.
137. Regarding the State's request, the Court notes that the payment of wages not received and
the compensation for non-pecuniary damage granted internally to Mr. Colindres Schonenberg
corresponds only to the time of his dismissal following the first dismissal. At the domestic level,
no compensation has been awarded for the second dismissal. Therefore, the victim has not
received reparations for the violations determined in this judgment.
E.1 Pecuniary damages
138. The representatives argued that “one year and twenty-eight days remained, precisely, for
Eduardo Benjamín Colindres to finish out his post as Supreme Electoral Tribunal judge.” In this
sense, they asked the Court to take as a parameter for determining the amount of compensation
for pecuniary damage “salaries, representation expenses, trips abroad to seminars, conferences,
electoral observations, or other activities, travel allowances, benefits and/or services that Dr.
Eduardo Benjamín Colindres should have received and that, in practice, the judge [who replaced
him] received.” However, they indicated that they would not request the pertinent compensation
for the consequential damages caused.
139. The State argued that “trips abroad as such are not an inherent part of the exercise of a
position, nor can they be considered detrimental to the income of the alleged victim, since the
travel expenses paid constitute recognition of the costs that the exercise of the public office
performed within the framework of a mission abroad.” It added that the public administration in
El Salvador “has applied austerity criteria that limit trips abroad paid for with public funds by
officials, which is subject to robust citizen control; similar criteria are applied to benefits paid to
public officials.
140. The Court takes note of the timely information provided by the representatives regarding
the victim’s desire in the event he were not to receive compensation for consequential damages,
and as a result, it will proceed to assess the arguments of the parties regarding the lost income.