NYU’s Rule of Law Lab Documents Noboa Government’s Retaliation Against Ecuador’s Constitutional Court

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September 22, 2026 – The Rule of Law Lab at New York University School of Law today released a report documenting how President Daniel Noboa’s government has retaliated against Ecuador’s Constitutional Court for enforcing constitutional limits on executive power. The report finds that intimidation of justices, retaliatory investigations, and efforts to weaken the Court’s powers threaten the independence of the country’s principal independent check on the Executive.

Recent years have seen several Latin American governments revive the repressive mano dura (iron fist) approach to combating rising crime. Ecuador has become one of the most notable adopters of this regional trend, with President Noboa following the example set by El Salvador’s President, Nayib Bukele.

Since taking office in November 2023, President Noboa has responded to escalating criminal violence by imposing repeated states of exception, decreeing an “internal armed conflict,” deploying the military for law enforcement purposes, and adopting repressive detention policies.

The report, Executive Retaliation Against Ecuador's Constitutional Court: The Rule of Law Under Siege, analyzes how the Court has consistently upheld its constitutional mandate while ruling against efforts by Noboa and National Democratic Action (ADN) to expand executive power beyond constitutional limits through states of exception and fast-tracked "economic urgency" laws.

The report documents how the Executive has retaliated against the Court by (i) publicly delegitimizing the Court; (ii) intimidating and publicly exposing its justices; (iii) weaponizing criminal proceedings against justices who issue decisions adverse to the government; (iv) curbing the Court’s institutional powers and independence; and (v) imposing administrative restrictions on the Court’s operations.

For example, on August 12, 2025, President Noboa personally led a march against the Court after it temporarily suspended provisions of executive-backed security legislation. During the march, justices’ faces appeared on mobile billboards resembling wanted-person notices. Senior officials also branded the Court an “enemy of the people” in a nationwide broadcast.

“In the face of President Noboa’s executive overreach, Ecuador's Constitutional Court has emerged as the country’s principal check on the abuse of executive power,” said Amrit Singh, Professor of Practice and Faculty Director of the Rule of Law Lab at NYU School of Law. “Our report documents the executive’s escalating campaign of retaliation against the Court, and underscores the urgency of defending it to protect the rule of law in Ecuador.”

“The government must comply with the Court’s rulings and stop using public institutions to retaliate against its justices,” said Adriana García, Staff Advisor at the Rule of Law Lab at NYU School of Law. “International partners should monitor these attacks and ensure that their security and governance assistance does not enable interference with the Court.”

The study provides several recommendations to safeguard judicial independence Ecuador, including:  

• Comply promptly and fully with the Court’s decisions, 
• Ensure that criminal investigations and oversight proceedings are based on evidence of misconduct, rather than pursued in retaliation for judicial rulings,
• Protect the Court’s funding, premises, operations, and security from political interference,
• Reject reforms that would subject justices to political removal or weaken the Court’s constitutional powers, and
• Develop long-term security policies within constitutional and international legal standards, rather than relying on repeated states of exception.

The report also calls on regional and international institutions to monitor threats to the Court, seek explanations from Ecuadorian authorities, and use available diplomatic and protection mechanisms. It urges international partners and financial institutions to ensure that their assistance does not contribute to interference with judicial independence.

To read the full report, visit: www.law.nyu.edu/rule-law-lab/ecuador-constitutional-court