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. 36

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