B. Background
32.
Ecuador had seven different presidents during the years from 1996 to 2007. None
of them completed the four-year term mandated in the Constitution. From the time
Abdalá Bucaram was elected president in 1996 until Rafael Correa took office in 2007,
Ecuador had the following presidents, in chronological order: Abdalá Bucaram (1996 1997), Rosalía Arteaga (February 1997), Fabián Alarcón (February 1997 – August 1998),
Jamil Mahuad (August 1998 – January 2000), Gustavo Noboa (January 2000 – January
2003), Lucio Gutiérrez (January 2003 – April 2005) and Alfredo Palacio (April 2005 –
January 2007).19
33.
Over the years, structural reforms and changes to the composition of the high
courts have been frequent in Ecuador. The high courts have at times been taken over
by political authorities, such that, “[i]n Ecuador, the independence of the Supreme Court
of Justice has been compromised and the institution exploited throughout its history.”20
34.
This case occurred in the context of dismissals from the Constitutional Court, the
Supreme Electoral Tribunal and the Supreme Court of Ecuador, in November and
December, 2004. The Court has already addressed these dismissals in the cases of The
Supreme Court of Justice (Quintana Coello et al.) v. Ecuador and The Constitutional
Court (Camba Campos et al.) v. Ecuador.21 The dismissals were conducted by the
National Congress over the course of 14 days in an atmosphere of political instability
(infra paras. 82 to 86). The instant case will focus on dismissals of the members of the
Supreme Electoral Tribunal.
C. The process by which Mr. Aguinaga Aillón was appointed to the
Supreme Electoral Tribunal
35.
Article 209 of the 1998 Constitution states that the Supreme Electoral Tribunal is
to be made up of seven regular members and seven alternates, representing the political
parties that won the highest number of votes in multi-candidate elections; the parties
submit to the National Congress the slates from which the regular and alternate
members are to be selected.22
36.
The National Congress named regular and alternate members of the TSE for the
term running from 1998 through 2003 on December 2, 1998. The congressional
resolution appointed Carlos Julio Aguinaga Aillón to serve as a regular member of the
TSE.23
19
Cf. 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, para. 39, and Case of the
Constitutional Court (Camba Campos et al.) v. Ecuador Preliminary Objections, Merits, Reparations and Costs.
Judgment of August 28, 2013. Series C No. 268, para. 40.
20
Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, supra, para. 40, and Case
of the Constitutional Court (Camba Campos et al.) v. Ecuador, supra, para. 41.
21
Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, paras. 42 to 62, and Case
of the Constitutional Court (Camba Campos et al.) v. Ecuador, supra, paras. 43 to 48.
22
Cf. Constitution of the Republic of Ecuador, August 11, 1998, Article 209 (evidence file, folio 2294).
23
Cf. Resolution of appointment of Mr. Aguinaga Aillón as a member of the TSE, December 2, 1998 (evidence
file, folio 1783).
12