case. 9 As the Court emphasized in these prior cases, Ecuador had seven presidents
in the years from 1996 to 2007, none of whom completed the four-year term of
office. The judiciary was not immune from this instability and “at times [was] taken
over by political authorities, such that, [in] Ecuador, the independence of the
Supreme Court of Justice has been compromised and the institution exploited
throughout its history.” 10
11.
Moreover, and more importantly, before Mr. Aguinaga Aillón’s dismissal, the
opposition parties in Congress were already making preparations to launch
impeachment proceedings for the crime of embezzlement. The administration built a
parliamentary majority with other parties to counteract the impeachment. The leader
of one of these parties hoped to quash several criminal trials currently on the docket
of the Supreme Court against a former president who, prompted by these trials, was
a fugitive in Panama at the time. 11 This parliamentary accord, led by individuals from
inside the executive and legislative branches of Ecuador, was the motivation for the
move by the administration of then-President Lucio Gutiérrez to reorganize the
judiciary, leading to the adoption of the congressional resolutions that removed the
judges from the TSE, the Supreme Court and the Constitutional Court, and
immediately appointed their replacements. The Court’s judgment said:
84. The Court would recall the facts summarized in chapter VI of this
judgment, that at the time the judges were dismissed, Ecuador was going
through a period of political instability that had seen the removal of several
Presidents and multiple amendments of the Constitution as a way to resolve
the political crisis. Furthermore, the alliance of the government in power with
the political party headed by former President Bucaram provides an indication
of the possible reasons or purpose for wanting to remove the justices of the
Supreme Court and the members of the Constitutional Court, that is, the
interest in putting a stop to criminal proceedings being conducted by the
Supreme Court against former President Bucaram.
85. Furthermore, the Court recalls that within a period of 14 days, not only
were the members of the TSE dismissed, but so were the justices on the
Supreme Court and the Constitutional Tribunal, which constitutes an abrupt,
totally unacceptable course of action. All these facts undermined judicial
independence. The Court can thus conclude, at the very least, that at the time
Ecuador was experiencing a climate of instability in important State
institutions. Moreover, the judges were blocked from lodging a remedy of
amparo to challenge any decisions that Congress might make against them.
The Court emphasizes that these factors support the affirmation that a mass,
arbitrary dismissal of judges is unacceptable given its negative impact on
judicial independence at the institutional level. 12
Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, supra, paras. 42 to
62; Case of the Constitutional Court (Camba Campos et al.) v. Ecuador, supra, paras. 43 to 48, and Case
of Aguinaga Aillón v. Ecuador, supra, paras. 32 to 34 and 38.
9
Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, supra, para. 40; Case
of the Constitutional Court (Camba Campos et al.) v. Ecuador, supra, para. 41; and Case of Aguinaga
Aillón v. Ecuador, supra, para. 33.
10
Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, supra, para. 64, Case
of the Constitutional Court (Camba Campos et al.) v. Ecuador, supra, para. 55, and Case of Aguinaga
Aillón v. Ecuador, supra, para. 38.
11
12
Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, supra, para. 174,
Case of the Constitutional Court (Camba Campos et al.) v. Ecuador, supra, para. 211; and Case of
Aguinaga Aillón v. Ecuador, supra, paras. 84 and 85.
4