hear the actions, their conduct would entail the “offense of malfeasance in office” and he
would request an “order of preventive detention” against the said judges. 160 Meanwhile,
according to newspaper articles, two of the nine members of the Constitutional Tribunal
rejected the decisions related to the suspension of the parliamentary decision. 161
F.
Events following the dismissals from the high courts of Ecuador
109. The removal from office of the members of the Supreme Electoral Tribunal, the
Constitutional Tribunal, and the Supreme Court of Justice brought on a political and social
crisis, the main characteristic of which was the lack of institutional stability.162 In January
2005, demonstration began against the national Government, considering that it was
violating the Constitution and the rule of law.163
110. Once installed, the new Supreme Court of Justice adopted a series of decisions of
political significance.164 Among these decisions, the most important included the declaration
that the proceedings against the former Presidents of the Republic, Abdalá Bucaram and
Gustavo Noboa, and the former Vice President, Alberto Dahik, were null and void.165
111. On April 2, 2005, former President Bucaram, returned to Ecuador, where he was
being criminally prosecuted, charged with illicit enrichment and mismanagement of public
funds, a fact that increased the civilian population’s protests against the Government. 166
According to the observations of the United Nations Special Rapporteur on the independence
of judges and lawyers during his visit to Ecuador from July 11 to 15, 2005, these decisions
“aggravated the social and political tensions in the country and the crisis spread to the main
institutions.”167
112. In this context, on April 15, 2005, the President of the Republic at that time, Lucio
Gutiérrez, issued Executive Decree No. 2752, in which he dismissed the members of the
Supreme Court of Justice appointed on December 8, 2004.168 The considerations contained
in the Decree included that, “to date, the National Congress ha[d] not settled the matter of
the termination of the members of the Supreme Court of Justice [appointed on December 8,
160
Briefs of congressman Luis Fernando Almeida Moran addressed to the eighth and first civil judges of
Pichincha, December 7, 2004 (file of annexes to the report, tome IV, folios 1375, 1376, 1427 and 1428); to the
twelfth civil judge of Pichincha, December 7, 2004 (file of annexes to the report, tome IV, folio 1492), and to the
tenth civil judge of Pichincha, December 7, 2004 (file of annexes to the report, tome IV, folio 1532).
161
Newspaper article “Nuevos vocales del TC rechazan suspensión preventiva de la reorganización del
organismo” [New CC judges reject preventive suspension of the court’s reorganization], El Universo, December 5,
2004 (file of annexes to the report, tome III, folio 1142).
162
Cf. Report of the Special Rapporteur on the independence of judges and lawyers of August 31, 2005 (file
of annexes to the report, tome III, folios 1106 and 1107).
163
Cf. Report of the Special Rapporteur on the independence of judges and lawyers of August 31, 2005 (file
of annexes to the report, tome III, folio 1106).
164
Cf. Report of the Special Rapporteur on the independence of judges and lawyers of August 31, 2005 file of
annexes to the report, tome III, folio 1106).
165
Cf. Report of the Special Rapporteur on the independence of judges and lawyers of August 31, 2005 (file
of annexes to the report, tome III, folio 1106).
166
Cf. Report of the Special Rapporteur on the independence of judges and lawyers of August 31, 2005 (file
of annexes to the report, tome III, folio 1106).
167
Cf. Report of the Special Rapporteur on the independence of judges and lawyers of August 31, 2005 (file
of annexes to the report, tome III, folio 1106).
168
Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, para. 94.
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