UN legal expert calls on Ecuador’s Congress to ‘rectify’ removal of judges
A top United Nations legal expert who visited Ecuador to study the “serious crisis” that “could irreversibly affect the independence of the judiciary,” has called for urgent steps to fully re-establish the rule of law in the South American country and “rectify” congressional measures replacing Supreme Court judges.
A top United Nations legal expert who visited Ecuador to study the “serious crisis” that “could irreversibly affect the independence of the judiciary,” has called for urgent steps to fully re-establish the rule of law in the South American country and “rectify” congressional measures replacing Supreme Court judges.
The Special Rapporteur of the UN Commission on Human Rights on the independence of judges and lawyers, Leandro Despouy, visited Ecuador last week, citing urgent concerns over the replacement of 27 of the 31 Supreme Court judges with magistrates of Congress’s own choosing and the resignation of the court’s president.
During a news conference in the capital Quito, the Special Rapporteur identified a number of serious irregularities in the measures adopted by the National Congress concerning both the removal of the previous magistrates of the Supreme Court of Justice, the Constitutional Tribunal and the Supreme Electoral Tribunal, and the designation of the new ones.
“It is the duty of the National Congress, as the organ that adopted the key measures of removal and designation which provoked the current crisis, to take measures to rectify the situation,” he said.
The formula for the establishment of the Supreme Court of Justice should include the independence of the judges, a procedure to fill vacant posts through election by the rest of the judges of the Court, a system of designation of judges guaranteeing their capability and probity, and including a transparent process for the participation of citizens.
Mr. Despouy thanked the Government and all the authorities and sectors of the civil society that cooperated very openly in making the visit possible and for having provided valuable information.
During his weeklong visit, which ended 18 March, he met with President Lucio Gutierrez, Congressional leaders, judges from courts at various levels, as well as with judicial associations, jurists and non-governmental organizations (NGOs).