congresses, which those congresses should never consider that they are exempt from
complying with.
IX. DISSENT: THE NEED TO ANALYZE AND TO DECLARE THE AUTONOMOUS
VIOLATION OF THE PRINCIPLE OF LEGALITY (ARTICLES 9 AND 1(1) OF THE
AMERICAN CONVENTION)
A) Introduction and difference with the case of the Supreme Court of Justice (Quintana
Coello et al.) v. Ecuador
103. As I stated at the start of this opinion, I dissent from the majority opinion with
regard to the seventh operative paragraph of the Judgment. 134 Indeed, I consider that the
Inter-American Court should have made a specific analysis of the arguments concerning the
violation of the principle of legality established in Article 9 of the American Convention, and
have declared that, in this case, the said right was violated autonomously to the detriment
of the eight victims.
104. In principle, it should not be overlooked that, in this case (related to an arbitrary
termination and irregular impeachment proceedings against the victims), the State
acknowledged expressly its responsibility with regard to the violation of Article 9 of the Pact
of San José in relation to the termination of the victims as members of the Constitutional
Tribunal. Indeed, the State indicated that this article had been violated: 135
because there were no grounds established by law for the removal from office of the presumed
victims […] although it is true that the National Congress could make a constitutional and legal
analysis, this should have included clear mechanisms to submit to review the tenure and the duration
of the terms of the former members of the Constitutional Tribunal. The absence of legal certainty
concerning the grounds for removing the former members obliges the State to acknowledge its
international responsibility in this regard.
105. It is true that it was difficult to understand the scope of the acknowledgement of
international responsibility on this point from the State’s declaration. First, in this case,
there were grounds for removing the members of the Constitutional Tribunal, on the basis
of which impeachment proceedings could be conducted against them. It is also true that the
State did not acknowledge any violation related to the impeachment proceedings that were
held, because it limited its acquiescence to the facts of the termination resulting from the
resolution of the National Congress of November 25, 2004.
106. Nevertheless, I believe that there is a substantial difference between what was
decided in the case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador 136
and the instant case, which is the reason I differed from the majority opinion on this
aspect. In particular, it should be recalled that, in that case, the ICourtHR considered that
the organ that terminated the justices did not have competence; whereas, in the case of
the Constitutional Tribunal, which prompts this partially dissenting opinion, the litigation
was not focused exclusively on the termination of the judges, but also on the alleged
violations in relation to the impeachment proceeding, which the National Congress was
competent to conduct. In other words, in the case of the Supreme Court of Justice, the
“7. It is not required to make a ruling on the alleged violation of Article 9 of the American Convention on
Human Rights, in the terms of paragraphs 223 and 224 of this Judgment.
134
135
Para. 14 of the Judgment.
Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador. Preliminary objection, merits,
reparations and costs. Judgment of August 23, 2013. Series C, No. 266.
136
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