taken by the National Congress could indeed have been understood as an “ad-hoc
procedure of a punitive nature.” 69
58.
Bearing in mind the foregoing, in its Judgment the Inter-American Court concluded
that Congress was not authorized to dismiss the Supreme Court justices, given that the new
Constitution had removed its power to do so. It also noted that a proceeding already existed
which stipulated the process and grounds on which a judge could be dismissed. Thus, it
determined that “it is evident that Congress was not the competent authority to decide on
the dismissal of Supreme Court judges.” 70 Then, in order to determine the scope of the
violations in this case, the Inter-American Court analyzed the aforementioned “ad-hoc”
mechanism used by Congress to dismiss the judges. 71
59.
The Inter-American Court subsequently determined that the judges were dismissed
by means of a resolution of the National Congress, which lacked the proper jurisdiction to
do so, through the erroneous and arbitrary application of a legal provision and without being
granted the right to be heard. The resolution through which the judges were dismissed was
the result of a political alliance that was intended to establish a Supreme Court sympathetic
to the political majority at that time, and to impede criminal proceedings against the acting
President and a former President. The Court 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 the abuse of power. 72
60.
Indeed, as stated in the Judgment, the main violations in this case were due to a
totally unacceptable and untimely political action, 73 against a basic pillar of a democratic
State governed by the rule of law, that is, against a truly independent Judiciary and
Supreme Court of Justice. The action which undermined this essential principle of
constitutional democracy, showed a disregard for all the manifestations of that
independence and, therefore, for the principle of separation of the branches of government,
which also forms the basis for the full protection of individual human rights. A single fact
proven in this matter is sufficient to show Congress’s abuse of power: the fact that within a
period of 14 days, it dismissed not only the Supreme Court, but also the Constitutional
Tribunal and the Electoral Tribunal of Ecuador, as a consequence of the political and
institutional context in this case, within a framework clearly contrary to the democratic rule
of law.
61.
This is the conclusion reached in the Judgment, to which this opinion refers. Thus, in
paragraph 179, it cites Article 3 of the Inter-American Democratic Charter, concluding that
the dismissal of all the members of the Supreme Court of Justice implied the destabilization
of the democratic order in Ecuador, because a rupture occurred in the separation and
independence of the branches of government when an attack was made on the country’s
three High Courts at that time.
62.
However, I consider that the Judgment should have placed greater and more detailed
emphasis on the antidemocratic attack proffered by the political powers against the
Supreme Court of Justice in this case. Although the Inter-American Court declared the
69
Ibid. para. 13.
70
Ibid. para. 162.
71
Ibid. paras. 163 to 169.
72
Ibid. para. 177.
73
Ibid. para. 175.
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