exercise of the judicial function and the consequent harm to judicial independence and the
guarantee of impartiality, to the detriment of the eight victims in this case.
*
223. Having determined that the organ that carried out the termination was not
competent, it is not necessary to analyze the other guarantees established in Article 8(1) of
the Convention, because this determination signifies that the decision adopted by Congress
was totally unacceptable.267 Accordingly, the Court will not examine the arguments
presented by the Commission and the representatives in relation to other judicial
guarantees. Also, regarding the termination of the judges, owing to the harm to the
separation of powers and the arbitrary nature of the actions of Congress, the Court finds
that it is not necessary to make a detailed analysis of the arguments of the parties
concerning whether the termination decision constituted a punitive act, and other aspects
related to the possible implications that the principle of legality would have had in this case.
224. Moreover, in relation to the impeachment proceedings, although it has been argued
that the obligation of Congress to provide the reasoning was not complied with, the motions
of censure included the reasons why the respective members of Congress considered that it
was in order to remove the judges. Also, even though it was argued that the possibility of
prosecuting judges for “constitutional and statutory infractions” could be associated with
causes for removal that were excessively broad and violated the principle of legality (supra
para. 146), the Court does not find it pertinent to examine these arguments in detail,
bearing in mind that it has indicated that Ecuadorian law expressly prohibited the
prosecution of the members of the Constitutional Tribunal based on the legal content of
their opinions and, in particular, on the Legislature’s disagreement with a judicial ruling. The
harmful implications of these irregularities on judicial independence has been assessed
above (supra paras. 207 to 220 and 222).
225. In this case, the State argued that Article 1(1) of the Convention had not been
violated, owing to its autonomous nature, and to the respect that existed for the obligations
of prevention and guarantee in this case. In this regard, the Court recalls its consistent case
law since the case of Velásquez Rodríguez, according to which Article 1(1) of the American
Convention “contains the obligation assumed by the States Parties in relation to each of the
protected rights, so that any claim that one of these rights has been harmed, necessarily
means that Article 1(1) of the Convention has also been infringed.”268 Article 1(1) of the
American Convention is a general norm, whose content extends to all the provisions of the
treaty, and it establishes the obligation of States Parties to respect and ensure the free and
full exercise of the rights and freedoms recognized therein “without any discrimination,”
and that, whatever the origin or form it may take, any treatment that may be considered
discriminatory with regard to the exercise of any of the rights guaranteed in the Convention
267
Similarly, in other cases concerning the military criminal jurisdiction, the Court has indicated that it is not
necessary to rule on additional arguments relating to the independence or impartiality of the judge, as well as
other guarantees, once it has reached the conclusion that the said jurisdiction was not competent. Cf. Case of
Cabrera García and Montiel Flores v. Mexico, para. 201; Case of Rosendo Cantú et al. v. Mexico. Preliminary
objection, merits, reparations and costs. Judgment of August 31, 2010. Series C No. 216, para. 161; Case of
Fernández Ortega et al. v. Mexico. Preliminary objection, merits, reparations and costs. Judgment of August 30,
2010. Series C No. 215, para. 177; Case of Usón Ramírez v. Venezuela. Preliminary objection, merits, reparations
and costs. Judgment of November 20, 2009. Series C No. 207, para. 124, and Case of Cantoral Benavides v. Peru.
Merits. Judgment of August 18, 2000. Series C No. 69, para. 115.
268
Case of Velásquez Rodríguez v. Honduras. Merits, para. 162.
68