Violation of due process by the dismissal of the state comptroller general from elected authorities

Abstract

There is a clear violation of the LOSEP and its regulations, particularly Art. 76 of the Constitution of the Republic, which establishes the right to due process, along with numeral 2 of Art. 11 of the same Constitution and Art. 417, which indicates that human rights treaties and other international instruments in Ecuador must apply principles that do not restrict rights or their direct enforceability, which includes the inability to defend oneself within a reasonable time, suspension and payment of compensation, including dismissals, which directly violates not only the Constitution, but also international treaties such as the American Convention on Human Rights, which is constitutionally protected in the Republic. The type of research carried out corresponds to a qualitative modality, focused on the analysis of specific cases in which the Comptroller General of the State dismissed elected officials. Through the analysis, it is intended to determine the scope of said actions and the aspects in which due process has been violated in such dismissals. It is concluded that there was a violation of due process, since the Comptroller simultaneously assumed the functions of complainant and sanctioning judge, evaluating all the exonerating evidence to issue his resolution, without allowing impartial review and the application of sound criticism by a neutral judge.