State institutions. Likewise, the judges were prevented from filing an amparo remedy to
challenge any decisions that Congress might take against them (infra para. 194).
176. From the events that took place and from the statements made by congressmen at
the time, it is possible to reach several conclusions. First, it is clear that the reasons for
which the transitory provision was not applicable to the Supreme Court justices were
explained in detail by several congressmen. Second, although the motion to dismiss the
judges did not come from the Presidency until the evening, is clear that most congressmen
knew, from the outset of the discussion, of the intention to take that decision. In third
place, the accusations of alleged acts of corruption or the alleged politicization of the judges
were presented in a broad and generic manner. In fourth place, the Court notes that some
congressmen mentioned that their dismissal was allegedly motivated by the intention to
have the criminal proceedings against former President Bucaram closed, as indeed
happened after the new Supreme Court took office (supra paras. 81 and 92). Finally, the
Court emphasizes that although the agenda indicated that a discussion on the judiciary
would take place (supra para. 74), the only decision taken in that regard was to dismiss the
judges.
177. Bearing in mind the foregoing, the resolution by means of which the judges were
dismissed was the result of a political alliance that was intended to create a Supreme Court
sympathetic to the political majority existing at that time and to impede criminal
proceedings against the acting president and a former president. The Court has confirmed
that Congress’s resolution was not adopted by virtue of an exclusive assessment of specific
factual evidence in order to ensure full compliance with the existing legislation, but that it
pursued a completely different objective, related to an abuse of power. An example of this is
that the summons to the session of Congress did not mention the imminent possibility of
dismissing the judges (supra para. 74). Thus, the Court emphasizes that these elements
support the affirmation that a mass and arbitrary dismissal of judges is unacceptable given
its negative impact on judicial independence in its institutional aspect.
178. The Court considers that, in the circumstances of this case, the arbitrary dismissal of
the entire Supreme Court constituted an attack on judicial independence, disrupted the
democratic order and the Rule of Law and implied that there was no real separation of
powers at that time. Furthermore, it implied the destabilization both of the judiciary and of
the country in general (supra paras. 91, 94 and 97) which, amid a deepening political crisis,
was left without a Supreme Court for seven months (supra para. 99), with the negative
effects that this entailed for the protection of citizens’ rights.
179. The Court points out that under Article 3 of the Inter-American Democratic Charter,
“[e]ssential elements of representative democracy include, inter alia, respect for human
rights and fundamental freedoms, access to and the exercise of power in accordance with
the Rule of Law […] and the separation and independence of the branches of government.”
The dismissal of all the members of the Supreme Court of Justice implied the destabilization
of the democratic order existing in Ecuador at the time, because a rupture occurred in the
separation and independence of the branches of government when an attack was made on
Ecuador’s three high courts at that time. This Court emphasizes that the separation of
powers is closely associated, not only with the consolidation of the democratic system, but
also seeks to preserve the freedoms and human rights of citizens.
1.4.
Conclusion on judicial guarantees and political rights
180. The Court concludes that in this case the Supreme Court justices were dismissed by
means of a resolution of the National Congress, which lacked the proper jurisdiction to do so
(supra para. 162), through the erroneous and arbitrary application of a legal provision
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