denying the amparo remedies, (4) the judges were neither independent nor impartial, (5)
an interpretative ruling by the [Supreme Court of Justice] was applied regarding the scope
of the amparo that denied its application to resolutions of the National Congress.”
136. In this regard, the representatives argued that the resolution “negat[ed] the efficacy
of the amparo and in turn order[ed] the judges to reject amparos whenever these
concern[ed] violations of rights stemming from parliamentary actions.” They added that “it
was very easy to predict the failure of any constitutional suit given that the body that
ultimately heard the appeal of the amparo remedies was precisely the [Constitutional
Tribunal], comprised of judges who were absolutely dependent on the government.”
137. As to the action of unconstitutionality to which the judges had access, the
representatives argued that “for the purposes of this case, it was not sufficient for the
remedy of constitutional amparo to exist in the Constitution or for the Constitutional
Tribunal to h[ave] indicated that the unconstitutionality suit was an appropriate means to
challenge the decision of Congress”; those remedies also had to be “effective.” The
representatives insisted that “the unconstitutionality suit was not effective for two reasons:
(1) access and (2) result”. In relation to the first reason, the representatives argued that
“the action could only be presented on the initiative of certain State institutions, among
them the [Supreme Court of Justice], and with the support of 1,000 people making use of
their political rights, […] which ma[de] it difficult to access the remedy.” Regarding the
result, the representatives argued that “according to the cited constitutional norms, the
purpose of the action [was] to determine whether an administrative norm or action was
consistent, in form and substance, with the Constitution” and that “the action of
unconstitutionality [did] not offer possibilities of reparation for a right violated, because
according to the Ecuadorian system in force at that time, that was the purpose of the
amparo.” Accordingly, the representatives concluded that “the judges […] did not have
access to a simple and prompt remedy for the protection of their human rights or to an
accessible and effective remedy.”
138.
The State accepted the violation of this Article of the Convention.
10.
Arguments on equality
139. Regarding the alleged violation of Article 24 of the American Convention, the
Commission “concluded” that the facts alleged “did not amount to a possible violation of the
rights enshrined in Article 24 […] of the American Convention”.
140. The representatives noted that Ecuador “discriminated against the former judges on
two occasions: (i) when it dismissed one group of former judges from office and not the
other; and, (ii) when it le[ft] the former judges without access to the constitutional
guarantee of amparo.” As to the first alleged act of discrimination, the representatives
argued that “the National Congress treated the two groups of judges differently,” since “one
was a group that the government considered corrupt, inept, and unsuitable for the exercise
of its duties, and another group, which was sympathetic to the government, was considered
suitable to continue to exercise its duties.” They added that “the parliamentary resolution in
which [Congress] dismissed the judges, appointed four of said judges, despite the fact that
one of the grounds for dismissal was the supposed expiry of a term applicable to all the
former judges.” The reason for such discrimination was apparently “the parliamentary
majority’s perception that the judges were politicized.” As to the second alleged cause of
discrimination, the representatives argued that the “Constitutional Tribunal, at the request
of the President of the Republic, made a distinction between two types of citizens - the
former judges and rest of the Ecuadorians,” that this differentiation occurred “for political
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