I
INTRODUCTION OF THE CASE AND CAUSE OF ACTION
1.
The case submitted to the Court. – On May 20, 2021, the Inter-American
Commission on Human Rights (hereinafter “the Inter-American Commission” or “the
Commission”) submitted to the jurisdiction of the Court the case of Carlos Julio Aguinaga
Aillón versus the Republic of Ecuador (hereinafter “the State” or “Ecuador”). According
to the Commission, the case addresses a body of violations committed in the framework
of the process led by the National Congress, which culminated in the dismissal of Carlos
Julio Aguinaga Aillón from his position as member of the Supreme Electoral Tribunal
(Tribunal Supremo Electoral de Ecuador, hereinafter “TSE”). The Commission found,
more specifically, that through this process, the State had violated the right to judicial
guarantees and the right to judicial protection, as well the principles of freedom from ex
post facto laws and judicial independence.
2.
Proceedings before the Commission. – The following proceedings took place
before the Commission:
a) Petition. – On May 26, 2005, the representatives of the alleged victim
(hereinafter “the representatives) filed the opening petition with the
Commission.1
b) Admissibility Report. – The Commission approved Admissibility Report No. 42/13
on July 11, 2013, holding the petition admissible.2
c) Report on the Merits. – The Commission approved its Report on the Merits No.
112/18 (hereinafter “Report on the Merits”) on October 5, 2018, drawing a set of
conclusions and extending several recommendations to the State.
d) Notification to the State. – The Commission notified the State of the Report on
the Merits on November 20, 2018, and granted the State a term of two months
to report back on adoption of the recommendations. The State received a total
of nine time extensions, after which its request for an additional extension was
denied by the Commission.
3.
Submission to the Court. – The Commission submitted the case to the Court on
May 20, 2021, with the full set of facts and alleged human rights violations.3 It noted
that this was necessary to obtain justice and redress for the alleged victim. This Court
notes with concern that more than 15 years elapsed after the originating petition was
lodged with the Commission, before the case was submitted to the Court.
4.
Requests by the Commission. – The Commission asked the Court to adjudge and
declare that Ecuador was internationally liable for violating the rights enshrined in
Articles 8(1), 8(2)(b), 8(2)(c), 8(2)(h), 9 and 25(1) of the American Convention, read
in conjunction with Articles 1(1) and 2 thereof, and order the State to comply with the
measures of reparation and recommendations set forth in the report.
1
The alleged victim was represented by Mario Melo Cevallos and Sofia Pazmiño Yánez.
2
The parties were notified of the report on August 14, 2013.
The Commission appointed then-Commissioner Antonia Urrejola Noguera as its delegate before the Court.
It also named then-Assistant Executive Secretary Marisol Blanchard Vera, Jorge Humberto Meza Flores, and
Christian González Chacón as legal advisers.
3
3