particular, the decisions in the case of the “fourteenth salary” and the case of the “D’Hondt
method.” This is illustrated by one of the motions of censure that requested impeachment
supposedly because, in the decision on the “D’Hondt method,” there had been a presumed:
Personal interest and to benefit those who had enabled their election to the Constitutional Tribunal […]
prejudicing and placing at a disadvantage all the other political parties that exist in the country [and …]
ignoring the formula for calculating proportional representation that permitted plural and democratic
political representation [… based on which] they have jeopardized the next elections, with this
dangerous attack on the democratic life of the country, as well as on the rights and freedoms
guaranteed in the Constitution.124
95.
As the Judgment notes,125 Ecuadorian law was sufficiently clear in the sense that the
opinions given in the judgments delivered by the judges could not be grounds for their
removal. The congressional records for December 1 and 8, 2004, allow it to be concluded
that there was no mention of specific facts related to the supposed “serious offenses”
committed by the judges; rather, reference was only made to their decisions, which were
based on legal grounds and delivered within the framework of their competence.
96.
Based on the above-mentioned reasons, legal grounds and factual evidence, it can
be clearly understood that, in the Judgment, the Inter-American Court declared the
respondent State internationally responsible for the violation of different rights established
in Article 8(1) and (2), as well as in Article 8(4) (ne bis in idem),126 in relation to Article
1(1) of the American Convention; and even, of Article 8(1) on relation to Article 23(1)(c)
and Article 1(1) of the Pact of San José, owing to the arbitrary termination of the
permanence in the exercise of judicial functions, and the consequent infringement of
judicial independence and the guarantee of impartiality. The Court also declared the State’s
international responsibility for the violation of Article 25(1), in relation to Article 1(1) of this
instrument, because the victims were prevented from filing the “remedy of amparo,” owing
to the decision issued by the new Constitutional Tribunal.
VIII. THE FAILURE TO MAKE A SPECIFIC ANALYSIS OF THE RIGHTS ESTABLISHED
IN ARTICLE 8(2) OF THE AMERICAN CONVENTION CITED BY THE COMMISSION
AND ALLEGED BY THE PARTIES
97.
The ICourtHR failed to make a detailed examination of different judicial guarantees
cited by the Inter-American Commission and alleged by the victims established in Article
8(2), considered that “[h]aving determined that the organ that carried out the termination
was not competent, it is not necessary to analyze the other guarantees established in
Article 8(1) of the Convention, because this determination signifies that the decision
adopted by Congress was totally unacceptable.”127
98.
I consider that the Inter-American Court could have analyzed the specific violations
of other rights established in Article 8(2) of the American Convention, because the National
124
Cf. National Congress record, 24-326, session of December 1, 2004.
125
Para. 208 of the Judgment.
126
The ICourtHR found that Article 8(4) of the Pact of San José had been violated, considering that, pursuant
to domestic law, the impeachment proceedings held against the judges had concluded on December 1, 2004, and
according to the explicit certification issued by the Secretariat of Congress that the motions of censured had been
rejected because they had not obtained sufficient votes; because the “re-opening of the vote signified a new
proceeding” in the session of Congress on December 8 that year. See, especially, paragraphs 184 to 186 of the
Judgment.
127
Para. 223 of the Judgment.
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