45.
In brief, the executive branch convened a popular referendum without the
constitutional control of the Constitutional Court and, in exercise of the powers
granted to it by that referendum, through a Provisional Council selected by it,
dissolved the Constitutional Court, the Council of the Judiciary and of all the judges
that it considered inadequate, as well as the head of Public Prosecutions, in addition
to instructing the new Council of the Judiciary to suspend the selection process to fill
the vacancies, prolonging the tenure of temporary judges.
46.
In fact, to date the petition of the three councilors removed as a result of the
consultation has been declared admissible in the Inter-American System and has also
been pursued and explanations have been requested from the State, within the
United Nations system, regarding possible judicial interference by the executive.
II.3.b. The “Bribery Case”
47.
The conviction in the so-called Bribery Case took place in the aforementioned
circumstances, and is now being questioned before the United Nations and prompted
the request by the Rapporteur. Indeed, the haste in this sentence seems to be
plausible, since it would contrast with the pace of progress of other processes. In
particular, the speed of the process is striking in the midst of the terrible and dramatic
deadly effects of the pandemic in Ecuador and that are public knowledge.
48.
The judgment in the case has been strongly criticized with solid legal
arguments in a recent book by the Ecuadorian professor and defense attorney in the
case, Dr. Alfonso Zambrano Pasquel. 15
49.
The voluminous book highlights possible problems of consistency, change of
qualification, improper application of the theory of authorship via an organized
apparatus of power, insufficient reasoning of the judgment and more. Although it is
a work that should be considered with due caution, given that its author is a defense
attorney, the objections it formulates are quite consistent with the complaint before
the United Nations agencies and on which the Rapporteur requested explanations
and, in addition, the depth with which the author analyzes in detail the procedural
steps and the judgment, reveal at least a serious approach in terms of the legal
technique applied to criticism.
50.
Among other things, it should also be added that it is extremely striking that
one of the pieces of evidence in this process was a handwritten notebook by a
defendant, since apparently, this strange type of documentary evidence, provided in
the handwriting of industrious persons with a good memory, has also been used in
the region in other cases of practice of what is usually called lawfare, that is, alleged
judicial set-ups for political persecution.
51.
Another piece of information that is internationally significant is that the State
requested the arrest of its main opposition leader residing in Belgium and sentenced
in this case, but its request has been rejected by the International Criminal
Organization (Interpol), as generally happens when this organization considers that
there are well-founded reasons to suspect that these are acts of political persecution.
52.
It is public and common knowledge that the bitter political struggle that
divides Ecuador originated when former President Lenin Moreno broke with his
predecessor, dividing the political movement that had brought him to power. In these
circumstances, his predecessor and his supporters became the main opposition force,
with serious difficulties in reorganizing their sector and participating in the elections.
15
‘El caso Sobornos. Ocaso del garantismo penal. Estudio doctrinario y jurisprudencial’ (‘Bribery Case.
Decline of criminal guarantees. Doctrinal and Judicial Analysis.’), Murillo Editores, Quito, 2021.
8
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