UN expresses concern about pressure on the Ecuadorian Judiciary
The United Nations Special Rapporteur on the Independence of Judges and Lawyers, Margaret Satterthwaite, issued a forceful statement this Friday warning about what she described as “systematic attempts” by the Ecuadorian government to delegitimize the decisions of the Constitutional Court. This warning comes after a series of public confrontations between the Executive and the highest court, including a massive march called by President Daniel Noboa towards the headquarters of the judicial body.
The conflict: anti-crime laws vs. constitutional guarantees
The trigger was the provisional suspension of 24 articles of three laws approved by the National Assembly (with a pro-government majority), among them the Intelligence Law and the Solidarity Law. These regulations, promoted as tools against organized crime, allowed:
- Access to telephone data without a court order
- Interception of communications
- Deferred pardons for security forces
The Court based its decision on possible violations of fundamental rights, which generated an escalated reaction from the government. The Minister of Government, Zaida Rovira, went so far as to describe the judges as “enemies of citizens“, a phrase that the UN rapporteur considered “dangerous for the rule of law”.
Stigmatization campaign against magistrates
Satterthwaite documented worrying patterns:
- Billboards with faces of judges and accusatory messages
- Presidential statements during the August 12 protest
- Lack of guarantees against reprisals against magistrates
“When senior officials spread false narratives about those who apply the law, they undermine citizen confidence in the system,” the expert explained, highlighting that these actions violate the Bangalore Principles on judicial conduct.
International repercussions and political context
The Inter-American Commission on Human Rights (IACHR) and Human Rights Watch joined the criticism. Juanita Goebertus, regional director of HRW, noted that “an intimidated Judiciary cannot protect rights in a country with record levels of violence.”
This conflict occurs in a key year for Ecuador:
| Event | Date | Impact |
|---|---|---|
| Decree of internal armed conflict | January 2024 | Militarization of public security |
| Approval of controversial laws | July 2024 | Expansion of state powers |
| Protest against the Court | August 2024 | Institutional polarization |
Analysts consulted agree that the strategy of Noboa – heir to a banana fortune and elected with a tough agenda – seeks to capitalize on discontent over insecurity, although risking the balance of powers.
What’s next in the legal process?
The Court has 45 days to resolve the unconstitutionality actions presented by:
- Federation of Quito Neighborhoods
- Confederation of Indigenous Nationalities
- Telecommunications Union
Meanwhile, the UN rapporteur is preparing a detailed report that could lead to formal recommendations to the Ecuadorian State before the Human Rights Council in Geneva.
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