The Constitutional Court has ruled on two occasions. In both, it asks the State to repair judges, prosecutors, secretaries and public defenders dismissed in irregular proceedings.
The 26 national judges and co-judges, dismissed after failing to pass an evaluation process in 2019, They are not in agreement with what was resolved by the Constitutional Court (CC). In a ruling, the highest body of the Ecuadorian justice ordered the State to economically repair to the dismissed magistrates, due to irregularities in the regulation that was used to evaluate their performance.
Judge Richard Villagómez lacked one year and four months to complete the nine years allowed by law in the position of national judge. He submitted to the evaluation of the Council of the Judiciary and did not reach the required 80 points.
The other 25 dismissed filed a lawsuit of unconstitutionality to the process that ended with their dismissals. Two years later, the CC indicated that the evaluation carried out by the Judiciary did not respect the times established in the Constitution and that made it “incompatible with legal certainty.”
Article 182 of the Magna Carta indicates that the National Court of Justice will be made up of 21 judges, “who will be appointed for a period of 9 years; They cannot be reelected and will be renewed by thirds every three years ”. The dismissed jurists indicated that the CJ he did not respect those times.
The Constitutional Court ordered material reparation to the 26 magistrates, but Villagómez believes that other aspects were injured. “This goes beyond the reparation. For example, international standards already need to be met to maintain independence in justice ”. On Monday there will be a press conference on this case in which more information will be given, said former judge Silvia Sánchez.
How are you going to compensate them?
The former magistrates have not received a call from the members of the CJ to find out how the material reparation will be, but in the DC fault itself, parameters for compensation are established.
“The remuneration received at the time of removal and the time that was missing will be taken into account to each claimant to serve three years in office, since their appointment ”, indicates the resolution.
Villagómez considers that he will not have any repairs because he had been in the position for seven years. Along with the other judges they will seek to file an action before organisms internationals for the irregularities committed against him.
The sentenced could not claim
From the correísmo there were voices that indicated that with the resolution of the CC, approved on December 21, 2021, the decisions made by national judges could be challenged. Thus, for example, actions in corruption cases in which former President Rafael Correa or former Vice President Jorge Glas were sentenced could be declared null.
However, the ruling itself clarifies that the ruling of the Constitutional Court does not affect the processes used to choose the replacements for the dismissed judges.
The constitutionalist Ismael Quintana, It adds that the decision adopted by the Court “does not mean that the criminal proceedings brought by the judges of the CNJ are null.”
The Judiciary says that everything that has been done is valid
The CJ ruled on the resolution of the highest judicial body in the country. There he indicated that the Constitutional Court recognized “fully the powers and attributions” that the Judiciary has to evaluate. In addition, it indicates that “this entire process was resolved at the will expressed in the popular consultation of February 4, 2018.” And that the ruling ratified the legitimacy, constitutionality and results of the evaluations ”of 2019.
208 judicial officials dismissed in the correísmo
Ecuador has had other experiences of intervention in justice. The Council of the Judiciary dismissed, from 2010 to 2018, 208 judicial officials for inexcusable mistake Y negligence.
Both figures were criticized by jurists because they indicated that it led to dismissal of judges that went against the interest of political power. The Constitutional Court ruled on this matter on July 29, 2020. In a resolution it said that you could no longer remove to judges, prosecutors Y public defenders due to negligence, fraud and inexcusable error (erroneous application of the law) without first having the order of a judge superior to the official denounced.
In addition, he indicated on that occasion that the resolution has retroactive effects; In other words, those who were separated by these figures could return to their functions.
| Officials removed | |
| Period | Number |
| 2010-2018 | 208 |
| 2019 | 26 |
| Total | 2. 3. 4 |
