171. The Court stresses that the 1998 Constitution protected judicial independence as an
institutional aspect of the judiciary (supra para. 55). Indeed, Article 199 stated that “the
organs of the judiciary shall exercise their duties and powers independently. No function of
the State shall interfere in matters pertaining to these.” Likewise, the Constitution stipulated
that “judges shall exercise their jurisdictional authority independently, even from other
judicial bodies.”
172. This constitutional provision, as well as the popular referendum held in Ecuador on
this matter (supra para. 55), which decided that Congress should no longer have the
authority to impeach the Supreme Court justices, demonstrated an interest in safeguarding,
in the best way possible, the separation of powers and judicial independence.
173. In this case, the Court considers it necessary to analyze the context in which the
judges’ dismissal from office occurred, since this is useful in understanding the reasons or
motives that prompted that decision. Taking into account the motive or purpose of a
particular action by state authorities is relevant to the legal analysis of a case, inasmuch as
a motivation or purpose that differs from the provision granting powers to the state
authorities to act, may demonstrate whether the action may be considered arbitrary. 212
Accordingly, the Court begins from the premise that the actions of state authorities are
presumed to be conducted according to law. For this reason, an irregular action by the state
authorities must be proven, in order to rebut that presumption of good faith. 213
174. From the facts established in Chapter VII of this Judgment, the Court emphasizes
that these indicate that at the time when the judges were dismissed, Ecuador was going
through a period of political instability, stemming from the removal of several Presidents
and the amendment, on several occasions, of the Constitution in response to the political
crisis. Moreover, the alliance between the government and the political party led by former
President Bucaram suggests possible motives or purposes for wishing to remove the
Supreme Court justices, particularly, the interest in annulling the criminal proceedings
conducted by the Supreme Court against former President Bucaram.
175. Furthermore, the Court points out that within a period of 14 days, not only was
Supreme Court dismissed, but also the Electoral Tribunal and the Constitutional Tribunal,
something that constitutes a totally unacceptable and untimely action. All these facts
undermine judicial independence. This allows the Court to conclude, at least, that at that
time there was a climate of institutional instability in Ecuador which affected important
212
In this regard, the European Court took into account the real purpose or motive shown by the state
authorities in exercising their duties, to determine whether or not there was a violation of the European Convention
of Human Rights. For example, in the Case Gusinskiy v. Russia, the European Court considered that the victim’s
detention, authorized by Article 5(1) (c) of the European Convention, was applied not only to make him appear
before the competent judicial authority, considering that there were reasonable indications that a crime had been
committed, but also to force him to sell his company to the State. In the Case Cebotari v. Moldavia the Court ruled
that Article 18 of the European Convention was violated given that the government failed to convince the Court
that there was reasonable suspicion to consider that the petitioner had committed a crime. The Court concluded
that the true reason for the petitioner’s arrest and criminal trial was to pressure him and thereby prevent his
company “Offer Plus” from filing suit before the Court. Finally, in the Case Lutsenko v. Ukraine the European Court
ruled that the deprivation of liberty of the petitioner, authorized by Article 5.1 (c), was applied not only to make
him appear before the competent court, because there was reasonable evidence that he had committed a crime,
but also for other reasons related to the Public Prosecutor’s attempt to accuse the petitioner for publicly expressing
his opposition to the charges against him. Cf. ECHR, Case of Gusinskiy v. Russia, Judgment May 19, 2004, paras.
71 to 78; Case Cebotari v. Moldavia, Judgment of February 13, 2008, paras. 46 to 53, and Case Lutsenko v.
Ukraine, Judgment of July 3, 2012, paras. 100 to 110.
213
The Inter-American Court has established that “direct evidence, whether testimonial or documentary, is not
the only type of evidence that may be legitimately considered in reaching a decision. Circumstantial evidence,
indicia and presumptions may be considered, so long as they lead to conclusions consistent with the facts.” Case of
Velásquez Rodríguez v. Honduras. Merits, para. 130.
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