IACHR Files Case Concerning Ecuador with IA Court on Violations in Administrative Proceedings Regarding a Public Official

August 21, 2023

Washington, D.C.—On May 9, 2023, the Inter-American Commission on Human Rights (IACHR) filed Case 13.199 concerning Ecuador before the Inter-American Court of Human Rights (IA Court). The case concerns the violation of the rights of Mr. Félix Humberto Peralta Armijos during judicial proceedings initiated in relation to a request for promotion at the National Fisheries Institute (INP) of Ecuador and for violations during an administrative process that culminated in his dismissal.

In January 1997, Félix Humberto Peralta Armijos, a career civil servant at the INP, applied for a promotion to the position of Human Resources Analyst, and was given the promotion in May the same year. However, the director of the INP appointed another person to the role, which led Mr. Peralta Armijos to challenge the decision before the Claims Board and file a petition for annulment. Despite his efforts, his petition was rejected.

In September 1999, Peralta Armijos filed a contentious administrative appeal for annulment, which was also declared inadmissible in April 2001. However, in May 2003, the Supreme Court overturned this decision on the grounds that the appointment of the other civil servant to the position was irregular. On June 30, 2003, the INP terminated the appointment of the other individual but appointed him director of the legal department, which allowed him to reapply for the position of Human Resources Analyst.

Mr. Peralta Armijos filed a constitutional appeal to overturn this appointment, which was granted, but the authorities did not comply with the ruling. He also filed a complaint against the director of the INP for breach of public duty, but the complaint was dismissed.

In March 2004, Mr. Peralta Armijos filed a habeas data suit to obtain a certified copy of the scores in the INP's restructuring process, which triggered an administrative proceeding against him that resulted in his dismissal in January 2005. Mr. Peralta Armijos appealed the decision and obtained a ruling declaring his dismissal unlawful and ordering his reappointment. However, according to the ruling, this unlawfulness meant that the payment of the compensation he requested was not made.

The IACHR concluded that the State of Ecuador violated the right to judicial protection in relation to effective judicial protection and compliance with domestic rulings by failing to comply with final judicial decisions. The IACHR concluded that the State of Ecuador violated the right to effective judicial protection and compliance with domestic rulings by failing to comply with final judicial decisions. In this sense, it concluded that Mr. Peralta Armijos did not have an effective judicial remedy for obtaining redress for the wrongful dismissal.

In view of this, the IACHR concluded that the State of Ecuador was responsible for the violation of articles 25.1 and 25.2 c) of the American Convention on Human Rights in relation to the obligations established in article 1.1, to the detriment of Félix Peralta Armijos.

Consequently, the IACHR recommended that the State provide full reparation for the violations cited in the report, particularly the payment of compensation to Felix Peralta Armijos for the damages caused by the failure to execute the judicial decisions and make payment of wages and benefits lost during his dismissal.

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. 191/23

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