judge"152. "On the principle of independence, the Inter-American Court of Human Rights has pointed out that
"respect for judicial guarantees entails respecting judicial independence"153. In this regard, it mentioned 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"154 and,
consequently, "this institutional dimension goes beyond the office of the judge and has a collective impact on
society as a whole"155.
134.
However, with regard to the judge in particular, in accordance with the “Basic Principles on
the Independence of the Judiciary", judges must resolve the cases " without any restrictions, improper
influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any
reason”156. In this sense, judicial independence "consists in the negative obligation of the public authorities to
refrain from undue interference in the Judiciary or its members, that is, in relation to the person of the specific
judge”157.
135.
Next, the Commission will analyze, in accordance with the proven facts, whether there were
violations of the due process guarantees enshrined in Article 8 of the Convention in the context of the trial and
the sentences against Emilio Palacio Urrutia, Carlos Nicolás Pérez Lappenti, Carlos Eduardo Pérez Barriga, and
Carlos Eduardo Pérez Barriga.
1. Guarantees of the competence, independence and impartiality of the judge (art. 8.1)
1.1 Preliminary observations
136.
First, the minimum guarantees of due judicial process require that the parties be in full
equality in accordance with the provisions of Article 8 of the Convention. This equality must be given from the
formal to the material aspects. Particularly, the judicial process started against the opinion article "No a las
mentiras" by journalist Emilio Palacio Urrutia was initiated by Rafael Correa at the time he held the public office
of President of the Republic.
137.
As the Inter-American Court has held, "public officials, like any other person, are covered by
the protection afforded them by Article 11" of the Convention158, as well as in accordance with article 24
thereof, which emphasizes that "[a]ll persons are equal before the law. Consequently, they are entitled, without
discrimination, to equal protection of the law." Despite this, then President Correa was fully entitled to take the
I/A Court H.R., Case of López Lone et al. v. Honduras. Preliminary Objection, Merits, Reparations and Costs. Judgment of October 5, 2015.
Series C No. 302, paras. 194 and 218, and I/A Court H.R., Case of Valencia Hinojosa et al. v. Ecuador. Preliminary Objections, Merits,
Reparations and Costs. Judgment of November 29, 2016. Series C No. 327, para. 96.
152
I/A Court H.R., Case of López Lone et al. v. Honduras. Preliminary Objection, Merits, Reparations and Costs. Judgment of October 5, 2015.
Series C No. 302, para.192.
153
I/A Court H.R., Case of López Lone et al. v. Honduras. Preliminary Objection, Merits, Reparations and Costs. Judgment of October 5, 2015.
Series C No. 302, para. 194.
154
I/A Court H.R., Case of López Lone et al. v. Honduras. Preliminary Objection, Merits, Reparations and Costs. Judgment of October 5, 2015.
Series C No. 302, para.194.
155
I/A Court H.R., Case of Chocrón Chocrón v. Venezuela. Preliminary Objection, Merits, Reparations, and Costs. Judgment of July 1, 2011.
Series C No. 227, para. 100; I/A Court H.R., Case of Atala Riffo and daughters v. Chile. Merits, Reparations and Costs. Judgment of February
24, 2012. Series C No. 239, para. 186; I/A Court H.R., 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. 146, and I/A Court H.R., Case of the
Constitutional Tribunal (Camba Campos et al.) v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 28,
2013. Series C No. 268, para. 190.
156
I/A Court H.R., Case of Reverón Trujillo v. Venezuela. Preliminary Objection, Merits, Reparations, and Costs. Judgment of June 30, 2009.
Series C No. 197, para. 146; I/A Court H.R., Case of Atala Riffo and daughters v. Chile. Merits, Reparations and Costs. Judgment of February
24, 2012. Series C No. 239, para. 186; I/A Court H.R., 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. 146, and I/A Court H.R., 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. 303.
157
I/A Court H.R., Case of Fontevecchia and D`Amico v. Argentina. Merits, Reparations and Costs. Judgment of November 29, 2011. Series
C No. 238, para. 53.
158
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