34
135. Third, even if an unconstitutionality suit could be considered a suitable and effective
remedy for challenging the victims’ termination, it would have fallen to the Constitutional Court to
rule on any such filing. In such circumstances, neither did any guarantees in the resolution of a
possible unconstitutionality suit exist.
136. Based on the foregoing considerations, the Commission believes that: (i) the victims
were arbitrarily and unreasonably prevented from filing amparo remedies against the National
Congress’s termination resolution; (ii) the Constitutional Court’s indicated remedy – an
unconstitutionality suit – was not suitable for challenging the particular effects of that resolution;
and (iii) the victims did not have access to an effective remedy to argue due process violations
during the impeachment proceedings, such as the right to a hearing and the right of defense.
137. Consequently, the Commission concludes that the State of Ecuador failed to provide
a simple, prompt, and effective judicial remedy and therefore did violate the right to judicial
protection enshrined in Article 25.1 of the American Convention, in conjunction with the guarantees
of independence and impartiality established in Article 8.1 and the obligations set out in Articles 1.1
and 2 thereof, with respect to Miguel Camba Campos, Oswaldo Cevallos Bueno, Enrique Herrería
Bonnet, Jaime Nogales Izurieta, Luis Rojas Bajaña, Mauro Terán Cevallos, Simón Zabala Guzmán,
and Manuel Jaramillo Córdova.
VI.
CONCLUSIONS
138. From all the foregoing, the Commission concludes that the State of Ecuador is
responsible for violating the rights to a fair trial, to freedom from ex post facto laws, and to judicial
protection, enshrined in Articles 8, 9, and 25 of the American Convention, in conjunction with the
obligations set out in Articles 1(1) and 2 thereof, with respect to Miguel Camba Campos, Oswaldo
Cevallos Bueno, Enrique Herrería Bonnet, Jaime Nogales Izurieta, Luis Rojas Bajaña, Mauro Terán
Cevallos, Simón Zabala Guzmán, and Manuel Jaramillo Córdova.