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Humberto Antonio Sierra Porto Eduardo Ferrer Mac-Gregor Poisot Pablo Saavedra Alessandri Secretary So ordered Diego García-Sayán President Pablo Saavedra Alessandri Secretary 94

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Campos v. Ecuador

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Legal Issue and/or Topic

Judicial Independence
Regional Jurisprudence

Description: The Congress terminated and dismissed eight elected judges of Ecuador’s Constitutional Tribunal. Ecuador claimed that the termination of the judges was justified because they were elected through single list voting mechanisms. Although Ecuador asserted that the voting system required the termination of the judges it did so without point toward any provision that disallowed this. Further, the only avaliable avenue for dismissing a judge was through impeachment. The court stated that removal mechanisms would run the risk of interfering with judicial independence. During the termination process, the judges were not given a chance of fair trial or any ability answer the charges against them. The new judges were also selected by the same body that removed them, leaving clear room for prejudice. The court determined that is process caused great harm to the institution of democracy. However, the court did not sufficient evidence that there was political discrimination in the re-election of some judges over others. The dismissal of the judges was arbitrary and the termination proceedings failed to meet the standard of fair trial. The state was order to pay damages to the judges and conduct continuous training on judicial independence.

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English

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Latitude: -0.2249303193740516

Longitude: -78.51147032706984

: Geolocation

Author(s): Inter-American Court of Human Rights

Date: Aug 28, 2013

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Campos v. Ecuador.pdf
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Election Judgments - IFES

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Campos v. Ecuador

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