12.
All this shows clearly that the dismissal of Mr. Aguinaga Aillón via
Congressional Resolution 25-160 took place at a time of overt actions by Congress
in a climate that was politically contaminated because of criminal trials being pursued
against several members of Ecuador’s political class. These trials would eventually be
heard by the judiciary.
13.
Thus, as explained in the above paragraphs, the dismissal of Mr. Aguinaga
Aillón, and generally, the 2004 reform process, must be seen in context to provide a
better picture of the motivations that led to the dismissal of the judges and other
officers on the high courts. The motivations leading authorities to dismiss or remove
judges cannot be ignored when seeking to understand fully the problem at hand. The
judgment does perform this analysis, in general terms, to explain the breach of
judicial independence, but as we will see below, it omits one factor of analysis that
should have received a differentiated view because of the punitive nature of the
congressional resolution by which the victim was removed from his position on the
TSE.
III. JUDICIAL INDEPENDENCE
14.
The judgment reaffirms the Court’s case law concerning the importance of
judicial independence as “one of the basic pillars of the guarantees of due process,”
protected under Article 8(1) of the Convention in its dual sense: institutionally, which
entails protection of the judicial branch as a system from undue interference; and
individually, as protection for judges in particular.
15.
The judgment reiterates that arbitrary interference with the tenure of judges
in their positions is a violation of Article 8(1) of the Convention and that judicial
independence redounds to specific guarantees for their protection, including: (i) an
appropriate appointment process, (ii) stability and irremovability in office, and (iii)
the right to be protected from external pressures. 13 This case thus reiterates the
regulatory standard developed by the Court to protect the stability and irremovability
of judges in their position:
The Court would also address the implications of the guarantee of job stability
and irremovability for these authorities, as follows: (i) removal from office may
be effected exclusively on allowable grounds, whether through a process that
offers judicial guarantees, or because the term of office has ended; (ii) judges
may be dismissed only for serious disciplinary breaches or incompetence, and
(iii) all actions against judges must be settled pursuant to established
standards of judicial conduct and by means of fair, objective, impartial
proceedings, under the Constitution or laws. This is mandatory, because the
fact that judges may be removed from office at will arouses objective concerns
about whether they are able to perform their duties without fear of reprisal. 14
16.
It is important, within this conceptual framework, to underscore that the
judgment upholds the relationship between protection of judicial independence and
the preservation of other fundamental values in the body politic, such as democracy.
The judgment states that protection of judges is instrumental as a building block of
democracy, as it is the judicial branch that stands as a guarantor to shield human
13
Cf. Case of Aguinaga Aillón v. Ecuador, supra, para. 63.
14
Cf. Case of Aguinaga Aillón v. Ecuador, supra, para. 64.
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