19
73.
The main cause for concern was that on account of the institutional crisis the
country was facing, there was no body with competence for “addressing the unconstitutionality of
some of the legal and regulatory provisions of the process whereby justices were assessed.” That
was because all the members of the Constitutional Court had been dismissed and it was legally
impossible to set up a new Constitutional Court until the Supreme Court of Justice was installed
and could submit a shortlist. 60 In light of those concerns, the chairman of the Qualifying Committee
had ruled that both the regulations and the law would be applied in accordance with the
Constitution and with the international treaties ratified by Ecuador. 61
74.
As a result, Ecuador remained without a Supreme Court of Justice for approximately
seven months. 62
IV.
ANALYSIS OF LAW
A.
Preliminary matters
75.
Before embarking on its analysis of the parties’ claims under the provisions of the
American Convention, the Commission reiterates that in Admissibility Report 8/07 of February 27,
2007, dealing with this case, it concluded that the facts set out did not tend to establish a possible
violation of the rights enshrined in Articles 23 and 24 of the American Convention. Although at the
merits stage both parties continued to submit claims regarding those rights, the Commission finds
no reason to deviate from its admissibility ruling and, consequently, the analysis of the merits will
address the rights enshrined in Articles 8, 9, and 25 of the American Convention, in light of the
obligations set out in Articles 1.1 and 2 thereof.
76.
The Commission notes that the crux of the dispute in this case is whether the
termination of the entire Supreme Court of Justice under the National Congress’s resolution of
December 8, 2004, was in accordance with the terms of the American Convention. Given the
judicial nature of Supreme Court positions, the Commission believes it must first offer a series of
preliminary considerations on the principle of judicial independence, since that principle informs the
entire subsequent analysis on the scope of the guarantees to which the alleged victims were
entitled. In addition, and because the congressional resolution terminated the Supreme Court of
Justice appointed in 1997 on the grounds that all the justices had exceeded their term in office, the
Commission will analyze the regulatory framework to which the Supreme Court of Justice was
subject at the time of the facts. The Commission will then determine whether the international
responsibility of the State of Ecuador was triggered with respect to the rights established in Articles
8, 9, and 25 of the American Convention.
B.
The principle of judicial independence and its effects on the analysis of the case
77.
This principle is set out in Article 8.1 of the American Convention and represents
one of the basic pillars of a democratic system. On this point, the Inter-American Court has stated
that one of the principal purposes of the separation of public powers is to guarantee the
60
Annex 19. Report of the Special Rapporteur on the independence of judges and lawyers, Leandro Despouy, E/CN.4/2005/60/Add.4,
Preliminary Report on the Mission to Ecuador, March 29, 2005. (Annex to the petitioners’ submission, presented at the hearing held before the
IACHR on March 13, 2006.)
61
Annex 19. Report of the Special Rapporteur on the independence of judges and lawyers, Leandro Despouy, E/CN.4/2005/60/Add.4,
Preliminary Report on the Mission to Ecuador, March 29, 2005. (Annex to the petitioners’ submission, presented at the hearing held before the
IACHR on March 13, 2006.)
62
Annex 4. Statement of Hugo Quintana Coello, given on May 14, 2007, to the 23rd Notary of the canton of Quito. (Annex to
petitioners’ submission, received on May 24, 2007.)