access this, neither legal certainty nor procedural balance is affected, because it can be
located immediately by the Court and by the other parties.20
35.
Based on the above, the Court admits the above-mentioned expert opinions to the
extent that they are in keeping with the purpose that was defined, and will assess them in
conjunction with the rest of the body of evidence, taking into account the observations of
the State and pursuant to the rules of sound judicial discretion.21
36.
The Commission requested “the transfer of the pertinent parts of the expert opinion
of expert witness Param Cumaraswamy,” whose testimony was proposed in the case of
Quintana Coello et al. v. Ecuador. This expert opinion refers to the standards for judicial
independence in international law. Neither the State nor the representatives presented
observations on this request. The Court incorporates this expert opinion as relevant to this
case.
37.
Regarding the expert opinion provided by Leandro Despouy, the State argued that
“his expert opinion relate[d] to the facts of the case, and to the reports that the expert
witness had prepared when he was the United Nations Special Rapporteur on the
independence of judges and lawyers, and not on the purpose of the expert opinion approved
by the […] Court.” It also argued that the fact that Mr. Despouy had been a “United Nations
Special Rapporteur on the independence of judges and lawyers” would mean that he had
“prior juridical positions and criteria that would make it difficult for him to provide an
impartial, objective and neutral expert opinion.”
38.
In this regard, the Court observes that the Ecuadorian State had already presented
this argument concerning the expert opinion of Mr. Despouy when it challenged his expert
opinion offered by the Commission for the public hearing. On this point, in the Order of the
President of the Court of February 15, 2013 (supra para. 7), the latter ruled in this regard.
The Court recalls that, in the said Order, the President indicated that “the State did not
present evidence, beyond the references to the mandate and report of the Special
Rapporteur, that the latter had intervened in any way in the proceedings analyzed in this
case, either at the domestic level or during the processing of the case before the interAmerican system, in a way that could raise any doubt as regard the obligation of objectivity
of an expert witness before this Court. Contrary to the State’s assertion, it is precisely his
knowledge of the situation in Ecuador in 2005, as United Nations Special Rapporteur, that
would be an element that would allow it to be inferred prima facie that he had a better
understanding of the situation in his eventual task as an expert witness in this case.”22
VII
PROVEN FACTS
39.
In this chapter on proven facts the Court will analyze: (i) the context of the facts that
occurred; (ii) the termination of the members of the Constitutional Tribunal; (iii) the facts
related to the impeachments of some of the members; (iv) the decision of the new
20
Cf. Case of Escué Zapata v. Colombia. Merits, reparations and costs. Judgment of July 4, 2007. Series C
No. 165, para. 26, and Case of the Santo Domingo Massacre v. Colombia. Preliminary objections, merits and
reparations. Judgment of November 30, 2012 Series C No. 259, para. 44.
21
Cf. Case of Loayza Tamayo v. Peru. Merits, para. 43, and Case of Mohamed v. Argentina. Preliminary
objection, merits, reparations and costs. Judgment of November 23, 2012 Series C No. 255, para. 37.
22
Order of the President of the Court of February 15, 2013, considering paragraph 16.
14