as part of what at that point had become the main opposition political party to the
acting executive.
39.
It is well known that every head of the Public Prosecutor's Office, as a
hierarchical body representative of the interests of society, is the person who decides
judicial policy regarding which criminal cases must be prosecuted over others and, in
this aspect, has a decisive power of selection and organization of criminal
prosecution.
40.
Two individuals sentenced by these new temporary judges in the same
proceedings (Bribery Case, to which I will refer below) in which the leader of the
political opposition movement and the vice president of the executive who carried
out the consultation and appointed to the Provisional Council, went to the United
Nations, denouncing political persecution and anomalies that would affect judicial
independence.
41.
On July 9, 2021, the United Nations Special Rapporteur on the Independence
of Judges and Lawyers summarized the facts denounced by the alleged victims and
requested explanations from the State, 13 given that they presented before the United
Nations the context of institutional measures that, based on popular consultation,
gave rise to the appointment of the Provisional Council. It was alleged that it would
be a case of political persecution usually known as lawfare, in which the intervening
judges would have been appointed with interference from the executive, in a
particularly accelerated criminal process in the midst of the pandemic, with the aim
of preventing the candidacy of the main opposition leader in the February 2021
elections and, it should be added, preventing his personal participation in the
electoral campaign and also ability to use his voice, or the mention of his name during
the campaign.
42.
The Rapporteur states verbatim as follows: Messrs. Phillips Cooper and
Fontana Zamora were parties prosecuted and criminally convicted in the framework
of the investigation of the case known as "Bribes", which dealt with alleged cases of
corruption committed during the government of the former President of Ecuador,
Rafael Correa Delgado, where he, several of his officials and some businessmen, were
prosecuted and sentenced. According to the source, it would be a case of political
persecution given the improper use of the apparatus of justice administration, in
order to issue a conviction to prevent the participation of Mr. Correa in the last
elections of February 2021.
43.
In response to the Rapporteur's request, the State admitted that, in effect,
the Provisional Council, appointed by the executive based on the powers conferred
by the consultation, on January 23, 2019 appointed the new principal members of
the Council of the Judiciary and urged this body to proceed to the immediate
evaluation of the judges and associate judges of the National Court of Justice. It is
clear, then, that the State admitted that, through officials appointed by the Executive
Power, it ordered a sort of purge of the Judiciary. 14
44.
The Provisional Council would have interrupted the selection process convened
by the Judicial Council appointed to fill vacancies, making it possible for the
temporary judges to continue. Everything indicates that it would be a seriously
harmful interference of judicial independence and the principle of the natural judge.
13
Request for information by the UN Special Rapporteur from the State of Ecuador, available at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=26537
14
The information sent to the UN Special Rapporteur by the State of Ecuador, available at:
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36540
7
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