and which would be made during the oral proceeding.3 The public hearing took place on
March 18, 2013, during the forty-seventh special session of the Court, held in Medellín,
Republic of Colombia.4 During the hearing, the Court required the parties to present certain
helpful information and documentation. In addition, on March 13, 2013, the State and the
representatives of the presumed victims submitted the affidavits, which were forwarded to
the other parties for observations.
8.
Final written arguments and observations. On April 19, 2013, the representatives of
the presumed victims and the State forwarded their final written arguments and the
Commission presented its final written observations. The parties and the Commission had
the opportunity to present observations on the response presented in the final written
arguments to the Court’s questions, and on the requested information.
9.
Observations of the representatives, and the State. On June 21, 2013, the
Secretariat of the Court, on the instructions of the President, requested various elements of
helpful evidence, which was presented by the State and the representatives on June 27 and
28, 2013, respectively. The parties had the opportunity to present observations on this
information.
III
COMPETENCE
10.
The Court is competent to hear this case in the terms of Article 62(3) of the
American Convention, because Ecuador has been a State Party to the Convention since
December 28, 1977, and accepted the contentious jurisdiction of the Court on July 24,
1984.
IV
PARTIAL ACKNOWLEDGEMENT OF RESPONSIBILITY BY THE STATE
A.
Partial acknowledgement of responsibility by the State and observations of
the Commission and the representatives
11.
In this case, the State acquiesced to various facts and acknowledged its
responsibility for some of the violations alleged by the Commission and the parties. The
Court will now describe the terms and scope of the State’s acknowledgement and, to this
end, deems it pertinent to recall that this case relates to both the termination of the
members of the Constitutional Tribunal for reasons presumably associated with their
appointment, and also to two impeachment proceedings held in relation to two decisions
adopted by the Tribunal (infra paras. 55 to 66 and 67 to 98).
12.
The State presented “a partial acquiescence, solely and exclusively in relation to the
procedure of the termination of the former members of the former Constitutional Tribunal,”
since this termination was based on “various inconsistencies in the Constitution that was
repealed.” It explained that the acquiescence was made because:
3
Cf. Case of Camba Campos et al. v. Ecuador. Order of the President of the Inter-American Court of
February 15, 2013. Available at: http://www.corteidh.or.cr/docs/asuntos/camba_15_02_13.pdf.
4
At this hearing, there appeared: (a) for the Inter-American Commission: Silvia Serrano Guzmán and Erick
Acuña; (b) for the representatives of the presumed victims: David Cordero Heredia and Ramiro Ávila Santamaría,
and (c) for Ecuador: Alonso Fonseca and Carlos Espín.
6