judges, which was prohibited by domestic law (supra para. 204), they violated the “ne bis in
idem” principle (supra para. 186); also, the judges did not have the opportunity to be heard
and to defend themselves (supra para. 187). As indicated previously (supra para. 55), the
resolution deciding the termination of the judges was the result of a political alliance put
together to create a Constitutional Tribunal that was aligned with the political majority that
existed at that time and to prevent criminal proceedings against the President in power and
a former President. It is worth underscoring that, the same day that the termination of the
judges was declared, the judges who would replace them were appointed. Therefore, the
apparent legality and justification of these decisions concealed the intention of a
parliamentary majority to exercise greater control over the Constitutional Tribunal and to
facilitate the termination of the justices of the Supreme Court. The Court has verified that
the resolutions of Congress were not adopted based on the exclusive assessment of specific
factual information and in order to ensure proper compliance with the laws in force, but
sought a very different end related to an abuse of power aimed at obtaining control of the
Judiciary by different procedures: in this case, the termination and the impeachment
proceedings. This resulted in a destabilization of both the Judiciary and the country in
general (supra para. 109) and intensified the political crisis, with the negative effects that
this entailed for the protection of the rights of the population. Consequently, the Court
emphasizes that these elements allow it to affirm that a collective and arbitrary termination
of judges is unacceptable, owing to the negative impact that this has on the institutional
aspect of judicial independence.
220. The Court also recalls that impartiality calls for the judicial authority that intervenes
in a specific dispute to approach the facts of the case without any subjective prejudices and,
also, offering sufficient guarantees of an objective nature that allow the elimination of any
doubt that the defendant or the community may have.266 Based on the aspects mentioned
in the preceding paragraph, this Court concludes that the National Congress did not ensure
the judges who were dismissed the guarantee of impartiality required by Article 8(1) of the
American Convention.
221. In addition, the Court underscores that Article 3 of the Inter-American Democratic
Charter stipulates that “[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 of powers and independence of the
branches of government.” The Court concludes that the dismissal of all the members of the
Constitutional Tribunal entailed a destabilization of the democratic order that existed at that
time in Ecuador, because the attack on the three high courts of Ecuador at that time
resulted in a rupture of the separation and independence of the branches of government.
This Court stresses that the separation of powers is closely related not only to the
consolidation of the democratic system, but also seeks to preserve the human rights and
freedoms of the people.
3.4.
Conclusion of the Court on judicial guarantees and political rights
222. Consequently, the Court declares the violation of Article 8(1), and the pertinent parts
of Article 8(2) and 8(4), in relation to Article 1(1) of the American Convention, owing to the
arbitrary termination and the impeachment proceedings that occurred, facts that gave rise
to the violation of judicial guarantees to the detriment of the eight victims in this case.
Furthermore, the Court declares the violation of Article 8(1), in relation to Article 23(1)(c)
and Article 1(1) of the American Convention, owing to the arbitrary effects on tenure in the
266
Cf. Case of Apitz Barbera et al. (“First Contentious Administrative Court”) v. Venezuela, para. 55.
67