REPORT No. 112/18
CASE 12.910
MERITS REPORT
CARLOS JULIO AGUINAGA AILLÓN
ECUADOR
October 5, 2018

I.

SUMMARY

1.
On May 26, 2005, the Inter-American Commission on Human Rights (hereinafter "the InterAmerican Commission," "the Commission," or "the IACHR") received a petition filed by Carlos Julio Aguinaga
Aillón (hereinafter "the petitioner") alleging the international responsibility of the Republic of Ecuador
(hereinafter "the Ecuadorian State", "the State" or "Ecuador") for the commission of a number of alleged human
rights violations against him.
2.
The Commission adopted Admissibility Report No. 42/13 on July 11, 2013.1 On August 14,
2013, the Commission notified said report to the parties and placed itself at their disposal in order to reach a
friendly settlement. The parties were afforded the time limits established in the Rules to submit additional
observations on the merits.
3.
The petitioner indicated that in December 1998 he was appointed by the Congress of the
Republic as Member of the Supreme Electoral Tribunal for the period 1998-2003 and was subsequently reelected for the period 2003-2007. However, on November 25, 2004, The National Congress issued a resolution
ordering his unlawful dismissal, despite the fact that domestic legislation established that the only manner in
which Congress could remove him was through charging and impeachment. He indicated that the Ecuadorian
State thereby violated a number of rights protected in the American Convention.
4.
The State indicated that the resolution removing the members of the Supreme Electoral
Tribunal was lawfully adopted due to the fact that the Constitution provides that the National Congress is
empowered to designate the members of the Supreme Electoral Tribunal and to provide for their replacements.
It argued that the decision adopted by Congress did not violate any domestic law or international obligation
undertaken by the Republic of Ecuador.
5.
Based on the findings of fact and law, the Inter-American Commission concluded that the
Ecuadorian State is responsible for the violation of Articles 8.1, 8.2 b), 8.2 c), 8.2 h) (Judicial Guarantees), 9
(Principle of Legality) and 25.1 (Judicial Protection) of the American Convention on Human Rights (hereinafter
"the American Convention" or "the Convention"), in relation to the obligations established in Articles 1.1 and 2
of the same instrument. The Commission issued the pertinent recommendations.
II.

POSITION OF THE PARTIES

A.

Position of the Petitioner

6.
The petitioner indicated that the facts and violations of this case are similar to those of the
Quintana Coello et al. and Camba Campos et al. cases, as decided by the Inter-American Court, in connection
with the removal of the Justices of the Supreme Court of Justice and members of the Constitutional Court,
respectively, in 2004.
IACHR Report No. 42/13, Case 12,910, Carlos Julio Aguinaga Aillón (Member of the Supreme Electoral Tribunal), 11 July 2013. In this
report the IACHR declared the petition admissible in connection with the alleged violation of Articles 8, 9 and 25 and Article 1.1 of the
American Convention, and inadmissible in connection with the alleged violation of Articles 11, 23 and 24.
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