Bucaram.” 29
34.
The judgment in the Quinta Coello et al. case, which took place in the same
context as the instant case, said, “the resolution by means of which the judges were
dismissed was the result of a political alliance that was intended to create a Supreme
Court sympathetic to the political majority existing at that time and to impede
criminal proceedings against the acting president and a former president.” 30 This was
the decisive argument that led the Inter-American Court to conclude in the case that
“abuse of power” was present as one of the features of the violation against the
institutional dimension of judicial independence.
35.
The State itself, in the case of Quintana Coello et al., admitted to violation of
Article 9 of the American Convention, noting that the action by the National Congress
“could have been understood as an ad-hoc proceeding of a punitive nature.” 31
36.
We therefore believe that the Court should have ruled on the matter as argued
and expressly pled by the Inter-American Commission and the representatives of the
victim regarding violation of Article 9 of the Convention, given the seriousness of the
facts and considering the true motivations that led to the dismissal of the members
of Ecuador’s high courts at the time. It is worth noting that the judgment itself points
to “an abrupt, totally unacceptable course of action” by the National Congress, and
that in view of the facts, “a mass, arbitrary dismissal of judges is unacceptable given
its negative impact on the institutional dimension of judicial independence.” 32
37.
If indeed the point of departure for the dismissal proceedings was materially
punitive, the judgment should have held that Resolution 25-160 defined no grounds
for removal from office of the TSE members, but that in fact they were dismissed
because their appointment two years prior had allegedly been illegal. The 1998
Constitution empowered the National Congress to remove TSE members from office
by means of impeachment proceedings, or via prosecution, but not for having been
appointed illegally. This meant that they were removed on grounds and through
proceedings different from those set by law, and this should have been examined in
light of the principle of freedom from ex post facto laws.
38.
Article 9 of the American Convention states, “[n]o one shall be convicted of
any act or omission that did not constitute a criminal offense under the applicable
law,” and, “[a] heavier penalty shall not be imposed than the one that was applicable
at the time the criminal offense was committed.” The Court has interpreted that these
mandates apply not only in criminal proceedings, but that their scope also includes
administrative sanctions. 33 This standard can extend by analogy to de facto punitive
proceedings such as the one conducted against Mr. Aguinaga Aillón.
29
Cf. Case of Aguinaga Aillón v. Ecuador, supra, para. 84; Case of the Supreme Court of Justice
(Quintana Coello et al.) v. Ecuador, para. 174, and Case of the Constitutional Court (Camba Campos et
al.) v. Ecuador, para. 211.
30
Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, para. 177.
31
Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, supra, para. 13.
32
Cf. Case of Aguinaga Aillón v. Ecuador, supra, para. 85.
Cf. Case of Baena Ricardo et al. v. Panama, supra, para. 106, and Case of Urrutia Laubreaux v.
Chile. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 27, 2020. Series C No.
409, para. 129.
33
10