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Court of Human Rights INTER-AMERICAN COURT OF HUMAN RIGHTS CASE OF THE CONSTITUTIONAL TRIBUNAL (CAMBA CAMPOS ET AL.) v. ECUADOR JUDGMENT OF AUGUST 28, 2013 (Preliminary objections, merits, reparations and costs) In the case of the Constitutional Tribunal (Camba Campos et al.), the Inter-American Court of Human Rights (hereinafter “the Inter-American Court” or “the Court”), composed of the following judges: Diego García-Sayán, President Manuel E. Ventura Robles, Vice President Alberto Pérez Pérez, Judge Eduardo Vio Grossi, Judge Roberto F. Caldas, Judge Humberto Antonio Sierra Porto, Judge, and Eduardo Ferrer Mac-Gregor Poisot, Judge; also present, Pablo Saavedra Alessandri, Secretary, and Emilia Segares Rodríguez, Deputy Secretary, pursuant to Articles 62(3) and 63(1) of the American Convention on Human Rights (hereinafter also “the American Convention” or “the Convention”) and Articles 31, 32, 42, 65 and 67 of the Rules of Procedure of the Court (hereinafter “the Rules of Procedure”), delivers this Judgment, structured as follows: Table of contents I INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE .......................................... 4 II PROCEEDINGS BEFORE THE COURT ................................................................................... 5 III COMPETENCE ................................................................................................................... 6 IV PARTIAL ACKNOWLEDGEMENT OF RESPONSIBILITY BY THE STATE ................................. 6 A. Partial acknowledgement of responsibility by the State and observations of the Commission and the representatives ................................................................................. 6 B. Considerations of the Court ........................................................................................ 8 V PRELIMINARY OBJECTIONS ............................................................................................... 9 VI EVIDENCE ....................................................................................................................... 11 A. Documentary, testimonial, and expert evidence ....................................................... 11 B. Admission of the evidence ........................................................................................ 13 VII PROVEN FACTS ............................................................................................................. 14 A. Context ..................................................................................................................... 15 1. The referendum called on April 7, 1997, and the amendments to the Constitution enacted on July 23, 1997 ...................................................................................................... 15 2. The Constitution adopted by the National Constituent Assembly in 1998.……. .................... 16 3. The appointment of the members of the Constitutional Tribunal in 2003 .......................... 17 B. The termination of the members of the Constitutional Tribunal owing to the presumed illegality of the way they were appointed during the session of November 25, 2003 ................................................................................................................................ 19 C. Facts related to the impeachment of some members of the Constitutional Tribunal . 23 1. Processing of the impeachments under the laws in force at the time of the facts ........... Error! Bookmark not defined. 2. Rulings of the Constitutional Tribunal No. 0004-2003-TC of April 29, 2003, and No. 025-2003- TC of February 17, 2004, ........................................................................................ 25 3. The motions of censure against the members of the Constitutional Tribunal ...................... 26 4. The vote on the motions of censure in the impeachment proceeding of December 1, 2004…. 28 5. The vote on the motions of censure during the session of December 8, 2004 .................... 30 D. The Constitutional Tribunal’s decision on the inadmissibility of actions for amparo against decisions of Congress .......................................................................................... 33 E. Refusal to admit the remedies of amparo filed by several members of the Constitutional Tribunal who were terminated .................................................................. 34 F. Events following the dismissals from the high courts of Ecuador .............................. 36 VIII JUDICIAL GUARANTEES, THE PRINCIPLE OF LEGALITY, POLITICAL RIGHTS, DOMESTIC LEGAL EFFECTS, EQUALITY BEFORE THE LAW, AND JUDICIAL PROTECTION ..... 39 A. Arguments of the Commission and of the parties ..................................................... 39 1. Arguments on judicial independence, competence, and political rights ............................. 39 2. Arguments on the nature of the termination decision .................................................. 41 3. Arguments on the scope of the judicial guarantees established in Article 8 of the American Convention ......................................................................................................... 42 4. Arguments on the right to a hearing and the right of defense ........................................ 42 2 5. Arguments on the obligation to provide the reasoning ................................................. 43 6. Arguments on impartiality .................................................................................... 43 7. Arguments on the right to appeal the judgment ......................................................... 43 8. Arguments on the principle of legality ..................................................................... 44 9. Arguments on the right not to be tried twice for the same facts ..................................... 45 10. Arguments on Articles 1(1) and 2 of the Convention ................................................. 45 11. Arguments on judicial protection .......................................................................... 46 12. Arguments on equality ...................................................................................... 47 B. Considerations of the Court ...................................................................................... 48 1. The Inter-American Court’s case law on judicial guarantees in impeachment proceedings Error! Bookmark not defined.48 2. The violation of judicial guarantees in relation to the termination of the judges and the impeachment proceedings against them ..................................................................... 50 2.1. Legal grounds and competence to declare the termination ............................................50 2.2. Possibility of being heard and exercising the right of defense, and the “ne bis in idem” principle.. .....................................................................................................................53 2.2.1. Rights to a hearing and of defense during the terminaton on November 25, 2004 … 53 2.2.2. “Ne bis in idem”, right to a hearing and right of defense during the impeachment proceedings…………………………………………………………………………….………………………………………………… 54 3. Judicial independence ......................................................................................... 55 3.1. General standards of judicial independence .................................................................55 3.2. The sanction of the judges based on the judgments they delivered ................................60 3.3. Institutional aspect of judicial independence, separation of powers, and democracy .........61 3.4. Conclusion of the Court on judicial guarantees and political rights..................................67 4. Judicial protection .............................................................................................. 69 5. Equality before the law .................................................................................................. 73 IX REPARATIONS ............................................................................................................... 73 A. Injured party ............................................................................................................ 74 B. Measures of satisfaction and restitution, and guarantees of non-repetition ............. 75 1. Measures of satisfaction: publication of the Judgment ................................................. 75 2. Measures of restitution........................................................................................ 75 3. Guarantees of non-repetition – amendment of domestic laws ........................................ 77 C. Compensation for pecuniary and non-pecuniary damage .......................................... 80 1. Pecuniary damage ............................................................................................. 80 1.1. Calculation of the pecuniary damage of the titular members .........................................82 1.2. Analysis of the situation of the alternate member Manuel Jaramillo Córdova ...................84 1.3. Request for payment of interest ................................................................................86 2. Non-pecuniary damage ....................................................................................... 86 D. Other measures of reparation ................................................................................... 88 E. Costs and expenses .................................................................................................
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