104. In principle, it should not be overlooked that, in this case (related to an arbitrary
termination and irregular impeachment proceedings against the victims), the State
acknowledged expressly its responsibility with regard to the violation of Article 9 of the Pact
of San José in relation to the termination of the victims as members of the Constitutional
Tribunal. Indeed, the State indicated that this article had been violated: 135
because there were no grounds established by law for the removal from office of the presumed
victims […] although it is true that the National Congress could make a constitutional and legal
analysis, this should have included clear mechanisms to submit to review the tenure and the duration
of the terms of the former members of the Constitutional Tribunal. The absence of legal certainty
concerning the grounds for removing the former members obliges the State to acknowledge its
international responsibility in this regard.
105. It is true that it was difficult to understand the scope of the acknowledgement of
international responsibility on this point from the State’s declaration. First, in this case,
there were grounds for removing the members of the Constitutional Tribunal, on the basis
of which impeachment proceedings could be conducted against them. It is also true that the
State did not acknowledge any violation related to the impeachment proceedings that were
held, because it limited its acquiescence to the facts of the termination resulting from the
resolution of the National Congress of November 25, 2004.
106. Nevertheless, I believe that there is a substantial difference between what was
decided in the case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador136
and the instant case, which is the reason I differed from the majority opinion on this
aspect. In particular, it should be recalled that, in that case, the ICourtHR considered that
the organ that terminated the justices did not have competence; whereas, in the case of
the Constitutional Tribunal, which prompts this partially dissenting opinion, the litigation
was not focused exclusively on the termination of the judges, but also on the alleged
violations in relation to the impeachment proceeding, which the National Congress was
competent to conduct. In other words, in the case of the Supreme Court of Justice, the
Court did not analyze the possible existence of an act that warranted a sanction, because
Congress did not have competence to terminate the justices of the Supreme Court, a
competence that it did have to impeach the members of the Constitutional Tribunal as
analyzed in the Judgment.
107. Indeed, contrary to the case of the Supreme Court of Justice, in the instant case
that inspires this opinion, impeachment proceedings were held against the members of the
Constitutional Tribunal who had previously been removed by a congressional resolution.
And, in this regard, the ICourtHR based its assessment on the assumption that Congress
had competence to conduct these impeachment proceedings. This variable allowed the
ICourtHR to determine that, when deciding the sanction, the unstated purpose was related
to an “abuse of power.” Thus, the Judgment expressly states:137
Therefore, the apparent legality and justification of these decisions concealed the intention of a
parliamentary majority to exercise greater control over the Constitutional Tribunal and to facilitate
the termination of the justices of the Supreme Court. The Court has verified that the resolutions of
Congress were not adopted based on the exclusive assessment of specific factual information and in
order to ensure proper compliance with the laws in force, but sought a very different end related to
135
Para. 14 of the Judgment.
136
Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador. Preliminary objection, merits,
reparations and costs. Judgment of August 23, 2013. Series C, No. 266.
137
Para. 219 of the Judgment.
29
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