legal code, as well as the compliance with the judgments or reports of international
human rights organizations, when the rule or decision sought after involves an
obligation to make or not make a decision clear, express, and enforceable. The
action will be brought before the Constitutional Court.”
110.
In response to said norm, the expert witness Alex Iván Valle Franco,
noted in the public hearing that:
[T]his guarantee has as a principal strength […] the establishment of legal certainty, […]
and being in line with the new principles that have been provided to public servants in
the current constitution under the principles of efficiency, opportunity, effectiveness and
more, because although there were some judgments of certain tribunals or international
resolutions that were not met and that [at the] time there was no appropriate
mechanism for effective action, now there is the noncompliance action.
111.
In light of the foregoing, the Court deems that the State did not complyfor a prolonged period of time-with an effective judicial protection to execute its
domestic rulings. After the passage of nine years since the declaration of
unconstitutionality of Executive Decrees Nos. 1185 and 1680 that discharged Mr.
Mejía Idrovo, the State has not effectively complied with the obligations derived from
the ruling. This generated a new violation to the detriment of the victim upon leaving
him in a state of helplessness and legal uncertainty, which impeded him from duly
reestablishing his contested and recognized rights by competent authorities.
Moreover, given that the ruling of the Constitutional Tribunal was self-executing, the
authorities responsible for its implementation were negligent in carrying it out. It was
not until seven years after the issuance of the ruling, that the victim was provided
with the necessary measures in Ecuador to appeal said noncompliance, and
notwithstanding, to date, that ordered by the Constitutional Court has not been
complied with in an integral manner (supra paras. 56 and 107, infra paras. 154 and
155). Therefore, the State, through the judiciary and other authorities responsible
for implementing the ruling, has failed in its duty to ensure full compliance with the
mentioned judgments, in violation of Article 25(2)(c) of the Convention.
112.
In conclusion of the present Chapter, the Court considers that the State
did not guarantee an effective remedy to redress the affected legal situation nor did
it guarantee the implementation of the domestic rulings, by means of effective
judicial protection, in violation of Articles 25(1) and 25(2)(c) of the American
Convention, to the detriment of Mr. Mejía Idrovo.
VII
OBLIGATION TO ADOPT DOMESTIC LEGAL EFFECTS AND EQUAL
PROTECTION BEFORE THE LAW
(ARTICLES 2 AND 24 OF THE AMERICAN CONVENTION)
1) Regarding the alleged violation of Article 2 of the American Convention
Arguments of the parties
113.
The Inter-American Commission did not allege a violation of Article 2 of
the American Convention. The representatives of the victim expressed in their brief
of pleadings and motions that “the actions of the national authorities demonstrate
that the State” has not complied with the obligation enshrined in Article 2 of the
American Convention upon not adopting, through its constitutional processes, the
legislative or other measures necessary to make Mr. Mejía Idrovo’s rights effective,
35