2021 Statelessness & Citizenship Review 3(1) Within this context, the Ecuadorian constitutional ruling Judgment No 335-13JP 20 of 12 August 2020 (‘JP’) is the first case that addresses deprivation of Ecuadorian nationality. 5 This case concerned a Cuban citizen, the plaintiff, who obtained Ecuadorian nationality by naturalisation and the subsequent withdrawal of that nationality. Due to an improper notification of the decision to withdraw said nationality, the plaintiff was not afforded the minimum guarantees offered by due process. As a consequence, the plaintiff was detained, illegally and arbitrarily, for more than three days at Guayaquil Airport, returned from his country of origin and deprived of his Ecuadorian identification documents. 6 The plaintiff brought an ‘action of protection’ 7 for the recognition of his rights, which was denied in the first and second instances, and subsequently reviewed by the Constitutional Court of Ecuador. 8 The Constitutional Court overturned the previous judicial decisions, recognised the violation of the plaintiff’s rights and ordered economic reparation as compensation for the damages caused. 9 The plaintiff’s case is one of several cases concerning naturalised foreigners who were notified of the decision to revoke their nationality through a press bulletin, without the possibility of presenting their case. This caused a denial of access to justice, aggravated by leaving the persons concerned in an irregular migratory situation. At the time of the facts, this case and those of other foreigners in similar circumstances had been denied by judges of first and second instances. This was based on the argument that, because they were administrative decisions, they should be heard by the administrative courts. 10 However, this meant there was no possibility of obtaining a prompt solution and the reestablishment of the violated rights. This type of administrative and judicial action had not been subject to review by the Constitutional Court of Ecuador until now. This decision is a milestone for the Ecuadorian jurisprudence and legal system in relation to the right to due process in administrative actions, especially those related to the right to nationality, the right to liberty and personal integrity in the case of arbitrary and illegal detentions, and the right to migrate, as set out in the Constitution of Ecuador. 11 Undoubtedly, the decision adopted by the Constitutional Court of Ecuador in JP sets a precedent, which in turn will have repercussions at the legislative level in terms of guaranteeing the right to nationality and the prohibition of arbitrary deprivation of nationality, in a regional context where there are not many developments in the jurisprudence of national courts on nationality, statelessness and due process. It also establishes a framework of minimum guarantees and standards in cases of revocation of nationality, thereby limiting the discretionary 5 6 7 8 9 10 11 Judgment No 335-13-JP (12 August 2020) (Constitutional Court of Ecuador) (‘JP’). ibid 5 [29]–[31] (Salazar Marín J). The ‘action of protection’ is a jurisdictional action of the Ecuadorian legal system for the protection of human rights, similar to the ‘Recurso de Amparo’ in Mexico and Spain. This action is provided for in the Constitution of Ecuador (n 2) art 88 and can be filed when there is a violation of constitutional rights, by the action or omission of a non-judicial public authority. See JP (n 5), 6 [35]–[36]; Action of Protection No 09123-2013-0171 (Third Criminal and Traffic Chamber, 15 April 2013) (Provincial Court) (Ecuador) (‘Action of Protection No 09123-2013-0171’), cited in JP (n 5) 1 [1]. JP (n 5) 29 [142], 31–2 [149]–[150] (Salazar Marín J). JP (n 5) 6 [35], citing Action of Protection No 09123-2013-0171 (n 8). Constitution of Ecuador (n 2) arts 6, 40, 77. 2