INTER - AMERICAN COMMISSION ON HUMAN RIGHTS
COMISION INTERAMERICANA DE DERECHOS HUMANOS
COMISSÃO INTERAMERICANA DE DIREITOS HUMANOS
COMMISSION INTERAMÉRICAINE DES DROITS DE L'HOMME
ORGANIZATION OF AMERICAN STATES
WASHINGTON, D.C. 2 0 0 0 6 USA

November 28, 2011

Ref.:

Case No. 12.597
Miguel Camba Campos et. al (Judges of the Constitutional Court)
Ecuador

Mr. Secretary:
I am pleased to address you on behalf of the Inter-American Commission on Human Rights
in order to file Case No. 12.597, Miguel Camba Campos et. al v. the Republic of Ecuador
(hereinafter “the State”, “the Ecuadorian State” or “Ecuador”) before the jurisdiction of the InterAmerican Court of Human Rights. The case deals with the arbitrary termination (“cese”) of 8 judges
of the Constitutional Court of Ecuador 1 by National Congress Resolution of November 25, 2004.
This termination was an ad hoc mechanism not provided for in the Constitution or in statute to
proceed to terminate judges of the Constitutional Court, which severely affected the principle of
judicial independence. Moreover, after the termination of the judges, on December 1 2004, National
Congress held impeachment proceedings against some of them, but they were not censured. Then,
after the call to special sessions by the President, on December 8, 2004, National Congress voted
for a second time regarding the impeachment proceedings and obtained a motion of censure.
In this regard, the Commission outlines that the victims had no procedural guarantees or any
opportunity to defend themselves in relation to the termination and lack of procedural guarantees in
the second vote of impeachment. In addition, the victims were arbitrarily and unreasonably
prevented from filing amparo remedies against the termination resolution and they did not have
access to an effective remedy for challenging the arbitrariness of the National Congress. These
events occurred in a tense political context, in which Ecuador’s judicial institutions were fragile.
Mr.
Pablo Saavedra Alessandri, Secretary
Inter-American Court of Human Rights
P.O. Box 6906-1000
San José, Costa Rica
Enclosure

1
Miguel Camba Campos, Oswaldo Cevallos Buenos, Enrique Herrería Bonnet, Jaime Nogales Izurieta, Luis Rojas
Bajaña, Mauro Terán Cevallos, Simón Zabala Guzmán and Manuel Jaramillo Córdova.

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