83.
Notwithstanding the foregoing, the Court refers to the decision issued on May
20, 2003 by the Plenary of the Constitutional Tribunal, which revoked the decision of
the President of the Constitutional Tribunal of May 30, 2002, stating that “the
parties, in principle, await the resolution of the Plenary of the Constitutional Tribunal
72
of March 12, 2002, and that no subsequent order can modify that resolution”
(supra para. 54). Therefore, the Court concludes that such irregularities were
corrected within the domestic courts. Because of this, it does not declare a violation
of Article 8(1) of the Convention in this case.
*
84.
In what regards the alleged violation of a reasonable time period, the Court
notes that the arguments of the Commission and representatives are focused on the
alleged lack of compliance with the judgment of March 12, 2002, by the State
authorities with jurisdiction to do so. Given that the lack of implementation of the
judgment of the Constitutional Tribunal is directly linked to effective judicial
protection of the execution of domestic rulings, this Court will carry out its analysis in
the section on Article 25(2)(c) of the American Convention.
C. Effective judicial protection in the implementation of the rulings
(Article 25 of the American Convention)
Arguments of the parties
85.
The Commission expressed that the State has not complied with the mandate
to provide reparation to the victim for damages incurred given the application of two
executive decrees that resulted in the suspension and discharge of the victim,
thereby producing an unreasonable delay (contrary to its own standards) of more
than eight years in the effective implementation of the judgment of the
Constitutional Tribunal of March 12, 2002. Moreover, it found that “the
noncompliance with the judicial decisions not only affects legal certainty but also
threatens the basic principles of the Rule of Law”, to which the State upon
guaranteeing the rights enshrined in the Convention, must not only respect them
(negative obligation), but must also take all appropriate measures to ensure them
(positive obligation). Due to the foregoing, the State violated Article 25 of the
American Convention, in accordance with Article 1(1) of that international
instrument, to the detriment of José Alfredo Mejía Idrovo.
86.
The representatives argued that “the declaration of unconstitutionality of the
Executive Decrees of suspension and discharge produces an immediate revocation
pursuant to that established in Article 276, numeral 2, of the Constitution [in force at
said time], to which its direct consequence is the reinstatement of the offer to the
institution, the promotion and payment of loss of income. Nevertheless, the order of
the Constitutional Tribunal was not complied with by the State, arguing that said
decision was not retroactive,73 without the body of constitutional control carrying out
72
However, it is noted that the decision of the Plenary of Constitutional Tribunal of May 20, 2003
did not conduct an analysis of the irregularities in the procedure followed by the Constitutional President
of the Tribunal.
73
It is non-retroactive when the ruling is about general -rules, laws, regulations, ordinances,
statutes- but when the decision is about individual rights then in a correct application of paragraph 2 of
that constitutional provision, the act declared unconstitutional does not have legal effect, reverting the
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