39.
The judgment ought to have examined the true motives behind the dismissal
of the victim,34 and if the procedure were found to serve a punitive purpose, it could
have been held to be “a de facto punitive procedure,” given its nature and the
purposes it pursued, which in our view, was in fact the case for Mr. Aguinaga Aillón.
40.
Legislative sanctions such as those applied in the instant case can
unquestionably have effects similar to those of administrative or criminal sanctions,
as they all undermine, remove, or alter individual rights. In a democratic system, no
precaution must be spared when applying this type of sanction, to ensure that it is
done is strict compliance with the rights of persons and following a careful study to
verify the presence of unlawful conduct.
41.
Rules and regulations on sanctions need to be on the books and be known or
accessible before any prohibited action or omission is committed and before attempts
are made to punish it.35 We believe in this case that Mr. Aguinaga Aillón, who was
not removed from his post by Congress via impeachment proceedings or criminal
prosecution, was dismissed without any grounds that had been established in
advance and was subject to a procedure not provided for by law, and this is a clear
breach of the principle of freedom from ex post facto laws under Article 9 of the
American Convention.
VI. CONCLUSION
42.
This case enriches the Inter-American Court’s case law on judicial
independence, which is a centerpiece of due process. The judgment holds that a
mass, arbitrary dismissal of all the judicial personnel who sat on Ecuador’s three high
courts, over the course of two weeks, absent any effective means of appeal,
“constitutes an abrupt, totally unacceptable course of action” which had a negative
impact on the institutional dimension of judicial independence.36.
43.
Mr. Aguinaga Aillón’s dismissal from the TSE is closely intertwined with the
cases of Supreme Court of Justice (Quintana Coello et al.), and Constitutional Court
(Camba Campos et al.), on which this inter-American Court ruled a decade ago, but
it also has a degree of specificity because of the abridgment of judicial independence
on an electoral tribunal.
34
The Court has already examined, based on the context and the “misuse of power,” the real intentions
of certain acts of authority and how these intentions injure rights protected by the American Convention.
Mutatis mutandis, Case of Granier et al. (Radio Caracas Television) v. Venezuela. Preliminary Objections,
Merits, Reparations and Costs. Judgment of June 22, 2015. Series C No. 293, para. 189, and Case of San
Miguel Sosa et al. v. Venezuela. Merits, Reparations and Costs. Judgment of February 8, 2018. Series C No.
348, para. 122. Judge Eduardo Ferrer Mac-Gregor, in a concurring opinion on the case of Quintana Coello,
said: “[t]he deviation of power implies that a state organ oversteps the boundaries or limits of its assigned
task, a definition that requires it to have the power or authority to take the respective decision.” Judge
Eduardo Ferrer Mac-Gregor expressed similar views on the misuse of power and the true motivations behind
violations in the 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. 120 to
140.
35
Cf. Case of Baena Ricardo et al. v. Panama, supra, para. 106, and Case of Maldonado Ordóñez v.
Guatemala, supra, para. 89.
Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, supra, para. 174; Case
of the Constitutional Court (Camba Campos et al.) v. Ecuador, supra, para. 211, and Case of Aguinaga Aillón
v. Ecuador, supra, para. 85.
36
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