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115. In addition, the requests for impeachment were made on June 13 and 16, 2003, and
May 31 and July 7, 2004. Nonetheless, the Congress, in a heated context of tension between the
high courts of Ecuador and the Executive and Legislative branches, decided to terminate the judges
of the Constitutional Court on November 25, 2004, and call them to face an impeachment
proceeding on December 1. Not having obtained sufficient votes to censure the judges on that
occasion, and in the context of a special session convened by the President of the Republic of that
purpose, the Congress resolved to vote once again on the impeachment proceedings that concluded
on December 1. On December 8, in the second vote, Congress obtained the majority needed to
obtain a motion of censure. This sequence of events indicates that in this case, the action of the
National Congress was not objective, did not respect the legal procedures, and failed to offer
adequate due process guarantees.
116. Consequently, the IACHR concludes that the State did violate the right to be judged
by a competent, independent, and impartial authority, enshrined in Article 8.1 of the American
Convention in relation to the obligations established in articles 1.1 and 2 of the American
Convention, with respect to Miguel Camba Campos, Oswaldo Cevallos Bueno, Enrique Herrería
Bonnet, Jaime Nogales Izurieta, Luis Rojas Bajaña, Mauro Terán Cevallos, Simón Zabala Guzmán,
and Manuel Jaramillo Córdova.
117. Finally, as for the guarantees provided for in Article 8(2) of the American
Convention, it has been established that the termination of the judges of the Constitutional Court
was ordered by a resolution of the National Congress, adopted summarily on November 25, 2004,
without any information whatsoever that the victims had been afforded any opportunity to defend
themselves. To the contrary, the State of Ecuador itself recognized that it was not appropriate to
notify the judges of the Constitutional Court of the procedure or to afford them the right of defense.
The IACHR already made it clear that pursuant to applicable international standards, in all
procedures for removing judges from their positions due process guarantees must be in place,
independent of what the procedure may be called in the domestic legislation.
118. As regards the impeachment proceeding against Miguel Camba Campos, Oswaldo
Cevallos Bueno, Jaime Nogales Izurieta, Luis Rojas Bajaña, Simón Zabala Guzmán, and Manuel
Jaramillo Córdova, in which a hearing was held on December 1, the Commission does not have
information regarding these proceedings prior to the termination of November 25, 2004.
Nonetheless, the Commission notes that the call to an impeachment proceeding was made beyond
the time period provided for by regulation, and in the context of the debate over the removal of the
judges of the Constitutional Court. In addition, as regards the second vote of impeachment of
December 8, 2004, the Commission considers that according to the information available, it was
not a new impeachment, but a repetition of the vote already adopted. In effect, in light of the
pressure brought to bear by the President of the Republic by the call to special sessions, the
National Congress repeated the vote of impeachment and modified the decision previously adopted
on December 1. The information available allows one to conclude that the Congress once again
adopted a resolution on a matter already decided without there being a mechanism provided for
such purposes, and that the victims did not have the opportunity to participate in this proceeding or
to exercise their right to defense.
119. In that connection, and given the express recognition of the State as to the absence
of procedural guarantees or of any opportunity to defend themselves in relation to the termination
and lack of procedural guarantees in the second vote of impeachment of December 8, 2004, the
Commission concludes that the State of Ecuador did also violate the guarantees set out in Article
8.2 of the American Convention, in conjunction with the obligations set out in Articles 1.1 and 2
thereof, with respect to Miguel Camba Campos, Oswaldo Cevallos Bueno, Enrique Herrería Bonnet,
Jaime Nogales Izurieta, Luis Rojas Bajaña, Mauro Terán Cevallos, Simón Zabala Guzmán, and
Manuel Jaramillo Córdova.