Constitutional Tribunal on the inadmissibility of the remedy of amparo; (v) the remedies of
amparo filed by five members of the Tribunal, and (vi) events subsequent to the
termination.
A.
Context
40.
From 1996 until 2007, the Republic of Ecuador had seven Presidents. Over this
period none of them could complete the four-year constitutional mandate.23 Thus, from
1996, when Abdalá Bucaram was elected President, until 2007, when Rafael Correa took
office, the following were Presidents of Ecuador, in chronological order: Abdalá Bucaram
(1996-1997), Rosalía Arteaga (February 1997), Fabián Alarcón (February 1997–August
1998), Jamil Mahuad (August 1998–January 2000), Gustavo Noboa (January 2000–January
2003), Lucio Gutiérrez (January 2003–April 2005) and Alfredo Palacio (April 2005–January
2007).
41.
Over the years, structural reforms and changes to the composition of the high courts
have been frequent in Ecuador24 and, at times, the high courts were intervened by the
political authorities. According to expert witness Mónica Rodríguez, proposed by the State,
“[i]n Ecuador, the independence of the Supreme Court of Justice has been compromised
and the institution exploited throughout its history.”25
42.
The context of this case is related to the termination of mandates of members of the
Constitutional Tribunal, the Supreme Electoral Tribunal, and the Supreme Court of Justice of
Ecuador in November and December 2004 (infra paras. 55 to 66). These terminations
emanated from the National Congress. This case focuses on the termination of the members
of the Constitutional Tribunal, as well as the impeachment of some of the members. In this
regard, the Court considers it necessary to present the background to these facts.
1.
The referendum called on April 7, 1997, and the amendments to the
Constitution enacted on July 23, 1997
43.
President Abdalá Bucaram was elected on August 10, 1996;26 however, his
government only lasted 180 days, because Congress removed him from office in February
1997.27
44.
Following his removal, Fabián Alarcón Rivera was appointed interim President of the
Republic.28 On April 7, 1997, this President convened a referendum29 by Executive Decree
No. 201.30 The political objective of the referendum was to legitimate Alarcón’s government,
because the constitutionality of his appointment had been questioned.31 However, the
23
Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador. Preliminary objection, merits,
reparations and costs. Judgment of August 23, 2013. Series C No. 266, para. 39.
24
Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, para. 40.
25
Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, para. 40.
26
Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, para. 42.
27
Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, para. 42.
28
Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, para. 43.
29
Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, para. 43.
30
Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, para. 43.
31
Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, para. 43.
15