violation of Article 8(1) of the American Convention, for infringing the right to a hearing and
the guarantee of a competent tribunal to the detriment of the 27 victims, “because they
were dismissed from office by an incompetent body that did not grant them an opportunity
to be heard”; 74 and Article 8(1) in conjunction with Article 23(1)(c) “given the arbitrary
effects on the tenure in office of the judiciary and the consequent effects on judicial
independence,” 75 it should also have elaborated on the violation of Article 8 from the
perspective of the safeguards that the Inter-American System affords to the democratic
State governed by the rule of law and, in particular, to the independence of judges who
operate it and who make it resistant to the attacks of the political powers.
63.
Likewise, the Judgment should have included a more exhaustive jurisprudential
analysis of the Inter-American Democratic Charter itself, specifically in relation to Article 3.
The Inter-American Court’s contentious role consists of settling disputes submitted to it by
the Inter-American Commission and the parties in a particular case; clearly, it also has the
mission to act as guarantor of the principles that comprise the Inter-American System of
Human Rights. This mission is accomplished by providing guidance through the
interpretation of the meaning of those principles, in order to clarify them. Therefore, ruling
on a dispute between the parties and the scope of the law is one of the tasks of the InterAmerican jurisdiction, but it is not the only one: the Court also has an interpretive role as
regards the American Convention, one that increases in importance given the very limited
number of cases it hears.
64.
Based on the proven facts it is clear that a multi-frontal attack was made on judicial
independence as protected under the American Convention and reinforced by the InterAmerican Democratic Charter, specifically in relation to the institutional facet of the
independence of the judges of Ecuador’s Supreme Court of Justice. Thus, the institutional
independence of the Supreme Court of Justice, in its role as guarantor of its own domestic
democratic system, was based on Ecuador’s constitutional and legal framework in force at
the time when the judges dismissed by the National Congress were originally designated. In
this regard, the Court should have linked these aspects more firmly with the Inter-American
jurisprudence on judicial independence, already mentioned in this opinion, and should have
emphatically condemned the flagrant abuse of political power that occurred in this case
against the Supreme Court of Justice and its independence.
65.
Indeed, since the Constitution of the Republic of Ecuador of August 11, 1998,
contained provisions guaranteeing judicial independence, because it recognized the principle
of the separation of powers and the independence of the judiciary in Article 199. 76 Similarly,
it established that in public law the branches of government can only exercise the powers
74
Ibid. para. 180.
75
Idem.
76
Art. 199. - The agencies of the judicial branch shall enjoy independence in the exercise of their duties and
powers. No function of the State may interfere in matters of their competence. Judges shall be independent in the
exercise of their jurisdictional powers, even in relation to the rest of the judicial organs; they shall be subject only
to the Constitution and to the law. Cf. Constitution of the Republic of Ecuador of August 11, 1998.
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