IACHR calls on Ecuador to respect and guarantee the independence of the Constitutional Court

August 29, 2025

Washington, DC—The Inter-American Commission on Human Rights (IACHR) reiterates its concern over threats to the independence of Ecuador's Constitutional Court. It calls on the State to ensure that constitutional justice is implemented without interference while also protecting the safety of the members of the Constitutional Court, in line with international obligations.

Under Ecuador's Constitution, the Constitutional Court is the highest authority for constitutional review, interpretation, and oversight, and has administrative and financial autonomy. Its functions include ruling on challenges that question the constitutionality of laws. As part of the exercise of these powers, on August 4, 2025, it temporarily suspended certain provisions of three laws on security, intelligence, and transparency in the public sector that had been introduced by the Executive and approved by the National Assembly. The Constitutional Court made the ruling after determining that these provisions could pose risks to human rights. The ruling was intended to safeguard the Constitution's supremacy and did not amount to a final ruling on the merits of ongoing cases.

This decision was met with strong opposition from sectors that included members of both the Executive and Legislative branches. Accompanied by military and police officials, the Minister of Government and the President of the National Assembly held a press conference, during which they expressed concern regarding the impact of the suspension on tools they consider essential for fighting organized crime. They stated: "At present, there is no middle ground: you are either on the side of those defending the country or on the side of those handing these tools over to criminals, the enemies of the people." The President of Ecuador called for a public demonstration against the Constitutional Court and announced plans for a referendum that would allow constitutional judges to be impeached. A public protest took place on August 12, accompanied by a large military and police presence.

The IACHR stresses that the separation of powers and judicial independence are cornerstones of constitutional systems based on checks and balances. The protection of rights in a democratic system depends on a legal and institutional framework that ensures effective judicial oversight of the constitutionality, legality, and conventionality of acts by the executive power, legislative branch, and other public authorities. Justice operators play a vital role in safeguarding human rights and defending the democratic system from potential abuses by governments, elected officials, and powerful economic interests.

The IACHR further notes with concern that statements by high-ranking authorities accusing the Constitutional Court of colluding with organized crime constitute attacks on judicial independence and may endanger the safety of the court's members and their staff. Combined with an increasingly hostile online environment, these actions threaten the autonomy necessary to administer constitutional justice independently and free from interference. The IACHR reminds Ecuador of its duty to ensure the Constitutional Court can carry out its functions independently and to guarantee the safety and integrity of justice operators, including those tasked with reviewing compliance with human rights standards in general legislation.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 175/25

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