could be sanctioned with “dismissal from office and suspension of political rights.”47
Expert witness Oleas Rodríguez explained that, as in the case of the Constitutional Court
and the Supreme Court, members of the TSE could be dismissed only “following
impeachment proceedings,” which the Congress was empowered to conduct under
Article 130 of the Constitution.48
59.
This Court holds, therefore, that although the TSE did perform administrative,
organizational, and management duties for electoral processes,49 it was also tasked with
hearing and adjudging matters pertaining to electoral justice. The Court concludes that
the TSE conducted materially judicial functions in the sphere of elections, and its
members, such as Mr. Aguinaga Aillón, therefore enjoyed the same guarantees of judicial
independence as judges generally, given the materially judicial nature of their duties.
B.1 Judicial independence, judicial guarantees, the right to participate in
government, and the right to work
60.
In view of all this, and considering the State’s recognition of responsibility, the Court
will now examine whether the procedure followed by the National Congress was consistent
with the obligations set forth in the American Convention for judicial independence in
connection with the right to judicial guarantees and the right to participate in government.
The Court will begin by reiterating the fundamental standards on judicial independence
developed in its own case law. On the basis of these standards, it will then proceed to
examine the breaches of Mr. Aguinaga Aillón’s right to judicial guarantees and give its views
on the alleged violations of the principle of freedom from ex post facto laws and his right to
participate in government.
1. Judicial independence
61.
This Court has ruled on multiple occasions concerning the importance of judicial
independence under the rule of law.50 It has held, in its settled case law, that this is one
47
Cf. Law on Elections, published in the Official Gazette No. 117 of July 11, 2000, Article 155(e) (evidence
file, folio 2135).
48
Cf. Written expert witness statement by Medardo Oleas Rodríguez, delivered by affidavit before a public
attestor, pg. 5 (evidence file, folio 2758).
Cf. Written expert witness statement by Diego Jadán-Heredia, delivered by affidavit before a public
attestor, pp. 3 and 4 (evidence file, folios 2723 and 2723).
49
50
Cf. Inter alia, Case of the Constitutional Court v. Peru. Merits, Reparations and Costs. Judgment of January
31, 2001. Series C No. 71, paras. 73 to 75; Case of Palamara Iribarne v. Chile. Merits, Reparations and Costs.
Judgment of November 22, 2005. Series C No. 135, paras. 145 and 156; Case of Apitz Barbera et al. (“First
Court of Administrative Disputes”) v. Venezuela. Preliminary Objection, Merits, Reparations and Costs.
Judgment of August 5, 2008. Series C No. 182, paras. 43 to 45, 84 and 138; Case of Reverón Trujillo
v. Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment of June 30, 2009. Series C No.
197, paras. 67, 68, 70 to 81; Case of Chocrón Chocrón v. Venezuela. Preliminary Objection, Merits, Reparations
and Costs. Judgment of July 1, 2011. Series C No. 227, paras. 97 to 100; Case of Atala Riffo and daughters
v. Chile. Merits, Reparations and Costs. Judgment of February 24, 2012. Series C No. 239, para. 186; 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, paras. 144 to 154; Case of the Constitutional
Court (Camba Campos et al.) v. Ecuador Preliminary Objections, Merits, Reparations and Costs. Judgment of
August 28, 2013. Series C No. 268, paras. 188 to 198; Case of Argüelles et al. v. Argentina. Preliminary
Objections, Merits, Reparations and Costs. Judgment of November 20, 2014. Series C No. 288, para. 147;
Case of López Lone et al. v. Honduras. Preliminary Objection, Merits, Reparations and Costs. Judgment of
October 5, 2015. Series C No. 302, paras. 190 to 199; Case of Valencia Hinojosa et al. v. Ecuador. Preliminary
Objections, Merits, Reparations and Costs. Judgment of November 29, 2016. Series C No. 327, para. 105;
Case of Acosta et al. v. Nicaragua. Preliminary Objections, Merits, Reparations and Costs. Judgment of March
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