Welcome to the United Nations 
OHCHR 
Press releases Special Procedures
EXPERT ON INDEPENDENCE OF JUDGES AND LAWYERS REQUESTS VISIT TO ECUADOR TO EXAMINE ONGOING JUDICIAL CRISIS
18 February 2005
Share
HR/05/16
18 February 2005
The Special Rapporteur of the United Nations Commission on Human Rights on the independence of judges and lawyers, Leandro Despouy, issued the following statement today:
"The Special Rapporteur on the independence of judges and lawyers, Leandro Despouy, today reiterated his wish to undertake a visit to Ecuador in light of the serious crisis the Ecuadorian judiciary is undergoing.
On 28 December 2004, the Special Rapporteur wrote to the Government following a move by Congress to replace 27 out of 31 Supreme Court judges with magistrates of its own choosing. This appeared to constitute grave interference by the executive and legislative into the judicial sphere and hence a violation of the independence of the judiciary, a principle recognized by article 199 of the country’s Constitution. This is an essential requirement of the rule of law and of democracy, guaranteed also by international instruments to which Ecuador is a party.
On 1 February 2005, the Special Rapporteur again addressed himself to the Government, pointing out that the situation of the judiciary in Ecuador was a matter of growing concern among many sectors of Ecuadorian society and in the international community. This was due in particular to the measures adopted with regard to the Supreme Court, as well as steps taken with respect to the Constitutional and Electoral Courts.
The crisis has worsened since, with the resignation of the President of the Supreme Court, Ramón Rodríguez, over his disagreement concerning the nomination of the members of the National Council of the Judiciary, a body which exercises such essential functions as the establishment of a shortlist of three candidates from which the Congress must choose the country’s Chief Prosecutor.
Since these urgent concerns are of significant magnitude and could affect, in an irreversible way, the independence of the judiciary in Ecuador, the Special Rapporteur’s letter of 1 February communicated his interest in conducting a visit to the country from 21 to 24 February 2005. The proposed visit is intended to provide the Special Rapporteur with the opportunity to assess the situation on the ground and to then convey to the United Nations Commission on Human Rights accurate information on the issues within his mandate and competence.
On 7 February the Government of Ecuador, which has issued a standing invitation to all special rapporteurs and other independent experts of the Commission on Human Rights, responded positively to the request of the Special Rapporteur, but suggested dates for his visit from the first week of May 2005, for reasons of availability.
Considering the gravity of the situation and recent developments, the Special Rapporteur has made it known to the Government his interest in undertaking a visit at an earlier date and is currently taking steps towards that goal".
* *** *
18 February 2005
The Special Rapporteur of the United Nations Commission on Human Rights on the independence of judges and lawyers, Leandro Despouy, issued the following statement today:
"The Special Rapporteur on the independence of judges and lawyers, Leandro Despouy, today reiterated his wish to undertake a visit to Ecuador in light of the serious crisis the Ecuadorian judiciary is undergoing.
On 28 December 2004, the Special Rapporteur wrote to the Government following a move by Congress to replace 27 out of 31 Supreme Court judges with magistrates of its own choosing. This appeared to constitute grave interference by the executive and legislative into the judicial sphere and hence a violation of the independence of the judiciary, a principle recognized by article 199 of the country’s Constitution. This is an essential requirement of the rule of law and of democracy, guaranteed also by international instruments to which Ecuador is a party.
On 1 February 2005, the Special Rapporteur again addressed himself to the Government, pointing out that the situation of the judiciary in Ecuador was a matter of growing concern among many sectors of Ecuadorian society and in the international community. This was due in particular to the measures adopted with regard to the Supreme Court, as well as steps taken with respect to the Constitutional and Electoral Courts.
The crisis has worsened since, with the resignation of the President of the Supreme Court, Ramón Rodríguez, over his disagreement concerning the nomination of the members of the National Council of the Judiciary, a body which exercises such essential functions as the establishment of a shortlist of three candidates from which the Congress must choose the country’s Chief Prosecutor.
Since these urgent concerns are of significant magnitude and could affect, in an irreversible way, the independence of the judiciary in Ecuador, the Special Rapporteur’s letter of 1 February communicated his interest in conducting a visit to the country from 21 to 24 February 2005. The proposed visit is intended to provide the Special Rapporteur with the opportunity to assess the situation on the ground and to then convey to the United Nations Commission on Human Rights accurate information on the issues within his mandate and competence.
On 7 February the Government of Ecuador, which has issued a standing invitation to all special rapporteurs and other independent experts of the Commission on Human Rights, responded positively to the request of the Special Rapporteur, but suggested dates for his visit from the first week of May 2005, for reasons of availability.
Considering the gravity of the situation and recent developments, the Special Rapporteur has made it known to the Government his interest in undertaking a visit at an earlier date and is currently taking steps towards that goal".
* *** *
VIEW THIS PAGE IN: