44. The removal of all the members of the Supreme Electoral Tribunal, in addition to comprising a “destabilization of democratic order” by causing a rupture in the separation and independence of the branches of government, also deals a substantial blow to the democratic system itself, in light of the Inter-American Democratic Charter. This is why the guarantee of judicial independence for electoral tribunals is essential, for these bodies are “the very backbone of the electoral system and are the mechanism for judicial review that guarantees the conduct of free, fair, dependable elections,” 37 and at the same time are independent bodies that safeguard the ability of citizens to assert their political rights. 45. This specificity also underscores the importance of job stability as an expression of the judges’ right to work and of the consequences that derive therefrom. This is the first case that extends direct protection to the right to work based on the arbitrary dismissal of judicial personnel, in light of Article 26 of the Convention, and it therefore further enriches inter-American case law on the subject. 38 46. The judgment, however, failed to offer an analysis of the arguments submitted by the Inter-American Commission and the representatives of the victim concerning violation of Article 9 of the Convention, even though Mr. Aguinaga Aillón’s dismissal was undeniably a de facto punishment, as the facts and context of the case clearly show. As we have maintained in this opinion, the legislative act by which the victim was dismissed was punitive in nature, and as such it was a manifestation of the punitive power of the State that should have been examined in keeping with the provisions of Article 9 of the Convention. The National Congress removed the victim from office through an ad hoc rationale and procedure not provided in Ecuador’s laws and Constitution, and we believe that the Inter-American Court missed the opportunity to perform this analysis and declare violation of the principle of freedom from ex post facto laws. Eduardo Ferrer Mac-Gregor Poisot Judge Rodrigo Mudrovitsch Judge Pablo Saavedra Alessandri Registrar 37 Cf. Case of Aguinaga Aillón v. Ecuador, supra, para. 70. The Inter-American Court had earlier ruled on violation of job stability for prosecutors, holding that it was contrary to the right to work protected under Article 26 of the Convention. Cf. Case of Nissen Pessolani v. Paraguay, supra, paras. 99 to 104. 38 12