- 63 191. According to this Court’s case law, the following assurances arise from judicial independence:
an appropriate selection process,342 guaranteed tenure343 and the guarantee against external
pressures.344
192. Bearing in mind the foregoing, the Court has established that: (i) respect for judicial
guarantees entails respecting judicial independence; (ii) the scope of judicial independence results
in the subjective right of judges to be dismissed exclusively for the reasons permitted, either by a
proceeding that complies with judicial guarantees or because their mandate has terminated, and
(iii) when a judge’s tenure is arbitrarily impaired, the right to judicial independence recognized in
Article 8(1) of the American Convention is violated, as is the right of access to public service and
tenure, under general conditions of equality, established in Article 23(1)(c) of the American
Convention.345
193. In the cases of the Supreme Court of Justice (Quintana Coello et al.) and the Constitutional
Tribunal (Camba Campos et al.), both against Ecuador, this Court clarified that judicial
independence should not only be analyzed in relation to the defendant, because the judge also
should have a series of guarantees to ensure judicial independence. In those cases, the Court
asserted that the violation of the guarantee of judicial independence, as regards a judge’s tenure,
should be analyzed in light of the treaty-based rights of judges when they have been affected by a
state decision that arbitrarily interferes with the length of their mandate. Thus, the institutional
guarantee of judicial independence is directly related to the right of the judge to remain in office as
a result of the guarantee of tenure.346
194. The Court has pointed out that the State must guarantee the autonomous exercise of the
judicial function as regards both its institutional aspect, that is, in relation to the Judiciary as a
system, and also as regards its individual aspect, that is, in relation to the person of the specific
judge. The Court finds it pertinent to clarify that the institutional dimension is related to aspects
that are essential for the rule of law, such as the principle of the separation of powers, and the
important role played by the judicial function in a democracy. Consequently, this institutional
dimension goes beyond the office of the judge and has a collective impact on society as a whole.
Furthermore, there is a direct relationship between the institutional dimension of judicial
independence and the right of judges to accede to and remain in their posts under general
conditions of equality, as an expression of their guarantee of tenure.347
342
Cf. Case of the Constitutional Court v. Peru. Merits, reparations and costs. Judgment of January 31, 2001, para. 75, and
Case of the Constitutional Tribunal (Camba Campos et al.) v. Ecuador, supra, para.188. See also: ECHR, Case of Campbell
and Fell v. The United Kingdom, Judgment of June 28, 1984, para. 78; Case of Langborger v. Sweden, Judgment of January
22, 1989, para. 32, and Principle 10 of the United Nations Basic Principles on the Independence of the Judiciary (adopted
by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders held in Milan from 26
August to 6 September 1985 and endorsed by General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of 13
December 1985.
343
Cf. Case of the Constitutional Court v. Peru, supra, para. 75, and Case of the Constitutional Tribunal (Camba Campos et
al.) v. Ecuador, supra, para.188. See also Principle 12 of the United Nations Basic Principles.
344
Cf. Case of the Constitutional Court v. Peru, supra, para. 75, and Case of the Constitutional Tribunal (Camba Campos et
al.) v. Ecuador, supra, para.188. See also, Principles 2 and 4 of the United Nations Basic Principles.
345
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. 155, and Case of the Constitutional Tribunal (Camba
Campos et al.) v. Ecuador, supra, para. 199.
346
Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, supra, para. 153, and Case of the
Constitutional Tribunal (Camba Campos et al.) v. Ecuador, supra, para. 197.
347
Cf. Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela. Preliminary objection, merits,
reparations and costs. Judgment of August 5, 2008, para. 55, and Case of the Constitutional Tribunal (Camba Campos et al.)
v. Ecuador, supra, para. 198.