Judicial independence as conflict prevention and resolution: the recent case of Ecuador's high Court.

• Author: Kane, Angela

POLITICAL INTERFERENCE IN JUDICIAL systems has become a source of instability within nascent democracies and thus a growing challenge for those working internationally, including the United Nations, to prevent and resolve political and violent conflict.

Courts have come under assault from a number of directions by leaders attempting to remove democratic checks on their powers or by opponents trying to employ them as a political weapon. The consequences can be quite serious, as Ecuador recently learned when the dismissal of its Supreme Court in 2005 sparked mass demonstrations and the downfall of its Government. This Andean nation's recent experience in judicial upheaval and recovery, achieved with the support of the international community, is a good example of cooperation between the United Nations and regional and subregional organizations in helping a Member State to combat this corrosive trend.

Plagued over its modern history with political instability, Ecuador's tensions have increased in recent years amid growing social divisions and a wrenching transition to a dollar-based economy. It was thrown deeper into turmoil about a year ago, when lawmakers allied with President Lucio Gutierrez dismissed the Supreme Court and attempted to replace all judges at a time when investigations on corruption were being considered against the Government and its allies. With justices being dragged from the chambers by police, the Government's strong-arm tactics prompted international condemnation. Mass demonstrations in April 2005 forced Mr. Gutierrez from office; he was later imprisoned.

Restoring democratic normalcy in Ecuador fell to then Vice-President Alfredo Palacio, who took over the presidency with national and international support. Since then, the United Nations has worked closely with concerned Governments, the Organization of American States (OAS) and the Andean Community of Nations in helping Ecuador get its democracy back on track. At the Parliament's and Government's request, all three organizations named respected jurists as international witnesses to a painstaking Ecuadorian-led process of choosing a new Supreme Court. The judges were chosen for their professional standing as opposed to their political leanings or social connections.

For the first time in Ecuador's history, transparent public hearings were held at which nominees' backgrounds could be openly scrutinized. Emphasis was given to naming more women to the bench. It was no...