rights to be made by a competent authority pursuant to domestic law, in keeping with the
guarantee of judicial independence that includes safeguarding stability and irremovability
from office under the terms of Article 8(1) of the American Convention, read in conjunction
with Article 1(1) thereof.
89.
Having found that the body that carried out the process was not competent to do
so, and proceeding as it has in other cases,95 the Court deems it unnecessary to examine
other Article 8 guarantees. This obviates an analysis of the arguments submitted by the
Commission and the representatives concerning the alleged violation of other judicial
guarantees. As it stated in the Supreme Court of Justice (Quintana Coello et al.) v.
Ecuador case, the Court finds that, due to the type of damage caused to the separation
of powers and the arbitrary nature of the action by the National Congress, there is no
need to undertake a detailed analysis of the parties’ arguments regarding whether the
dismissal decision was a punitive act, and therefore it will not examine other issues
related to the possible scope of the principle of freedom from ex post facto laws (Article
9 of the Convention) in the instant case.
90.
Nonetheless, and in view of Ecuador’s recognition of responsibility, the Court
concludes that the State is responsible for violating the right to defense and the right of
the accused to receive prior notification in detail of the charges against him, under
Articles 8(2)(b) and 8(2)(c) of the American Convention, read in conjunction with Article
1(1) thereof, in injury of Aguinaga Aillón.
3. Right to participate in government
91.
Article 23(1)(c) of the Convention establishes the right to have access to a
position in the public service, under general conditions of equality. The Court has held
that access under conditions of equality is an insufficient guarantee if it is not
accompanied by the effective protection of tenure in the position,96 which indicates that
the procedures for appointment, promotion, suspension and dismissal of public officers
must be objective and reasonable, that is, they must respect the applicable guarantees
of due process.97
95
The Court has held similarly, in cases involving the military criminal courts, that it does not need to
examine additional arguments on independence, impartiality or other guarantees regarding a judge who has
already been found to lack jurisdiction. Cf. Case of Cabrera García and Montiel Flores v. Mexico. Preliminary
Objection, Merits, Reparations and Costs. Judgment of November 26, 2010, Series C No. 220, para. 201; Case
of Rosendo Cantú et al. v. Mexico. Preliminary Objection, Merits, Reparations and Costs. Judgment of August
31, 2010. Series C No. 216, para. 161; Case of Fernández Ortega et al. v. Mexico. Preliminary Objection,
Merits, Reparations and Costs. Judgment of August 30, 2010. Series C No. 215, para. 177; Case of Usón
Ramírez v. Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 20, 2009.
Series C No. 207, para. 124, and Case of Cantoral Benavides v. Peru. Merits. Judgment of August 18, 2000.
Series C No. 69, para. 115; (Quintana Coello et al.) v. Ecuador, supra, para. 181, and Colindres Schonenberg
v. El Salvador, supra, para. 91.
96
Cf. Case of Reverón Trujillo v. Venezuela, supra, para. 138, and Case of Nissen Pessolani v. Paraguay.
Merits, Reparations and Costs. Judgment of November 21, 2022. Series C No. 477, para. 95.
97
95.
Cf. Case of Moya Solís v. Peru, supra, para. 108 and Case of Nissen Pessolani v. Paraguay, supra, para.
29