body of evidence in the proceedings, since they are useful only insofar as they may provide
more information on the alleged violations and their consequences. 22
35.
As to the newspaper articles submitted, this Court has considered that these may be
assessed when they refer to well-known public facts or statements by State officials, or
when they corroborate aspects related to the case. 23 Thus, the Court decides to admit those
newspaper articles that are complete, or at least those whose source and publication date
can be verified, and shall assess them according to the body of evidence, the observations
of the parties and the rules of sound judgment.
36.
Similarly, with respect to some of the documents referred to by the representatives
and the Commission by means of their electronic links, the Court has established that if a
party provides at least the direct electronic link to a document cited as evidence, and it is
possible to access that document, the legal certainty and the procedural balance will not be
affected, because its location is immediately available to the Court and to the other
parties. 24
37.
Based on the foregoing, the Court admits the expert opinions mentioned, insofar as
these relate to the purpose defined, and shall assess these together with the rest of the
body of evidence, bearing in mind the observations of the State and the rules of sound
judgment. 25
VII
PROVEN FACTS
38.
In this chapter on proven facts the Court will examine: i) the background to the
facts; ii) the context in which the facts took place, and iii) the specific facts related to the
dismissal of the judges of the Supreme Court of Justice.
A.
Background
39.
Between 1996 and 2007 seven presidents governed Ecuador. During that period
none of them were able to complete their constitutional mandate of four years. 26 Indeed, in
1996, when President Abdalá Bucaram was elected, until 2007, when President Rafael
Correa took office, the following served as presidents of Ecuador, in chronological order:
Abdalá Bucaram (1996 - 1997), Rosalía Arteaga (February 1997), Fabián Alarcón (February
1997 -August 1998), Jamil Mahuad (August 1998-January 2000), Gustavo Noboa (January
2000 – January 2003), Lucio Gutiérrez (January 2003 – April 2005) and Alfredo Palacio
(April 2005 – January 2007).
22
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 22, para. 43,
and Case of Mendoza et al. v. Argentina, para. 54.
23
Cf. Case of Velasquez Rodríguez v. Honduras. Merits, para. 146, and Case of Suárez Peralta v. Ecuador,
para. 33.
24
Cf. Case of Escué Zapata v. Colombia. Merits, Reparations and Costs. Judgment of July 4, 2007. Series C
No. 165, para. 26, and Case of the Massacre of Santo Domingo v. Colombia. Preliminary objections, Merits and
Reparations. Judgment of November 30, 2012 Series C No. 259, para. 44.
25
Cf. Case of Loayza Tamayo v. Peru. Merits, para. 43, and Case Mohamed v. Argentina. Preliminary
Objection, Merits, Reparations and Costs. Judgment of November 23, 2012 Series C No. 255, para. 37.
26
Cf. Statement of expert witness Ruiz Acosta rendered by affidavit on January 29, 2013 (Merits file, volume
III, page 1200).
14