117. As a result of all the foregoing, Ecuador remained without a Supreme Court of Justice for approximately seven months.180 118. On April 26, 2005, also, the resolution appointing the new Constitutional Tribunal was annulled, but the judges who had been removed were not reinstated. In this regard, the United Nations Special Rapporteur: Observe[d] that the National Congress has adopted a decision similar to the one taken regarding the Supreme Court, which was illegally dismissed in late 2004: it reversed the decision of 25 November 2004 whereby it had appointed a new Constitutional Tribunal, but did not order the reinstatement of the members who had been removed under that decision. The Special Rapporteur is concerned to note that, in the absence of a Supreme Court, which is responsible for proposing a shortlist of candidates, it is impossible to appoint the members of the Constitutional Tribunal. As a result, the country is bereft of its highest authority for ruling on matters relating to human rights and constitutional guarantees, raising constitutional challenges and issuing legal opinions in relation to the adoption of international agreements.181 119. Since 2004, the Constitutional Tribual has had four different compositions. 182 Following the events of April 26, 2005, in other words, after almost a year in recess, a new court was elected in 2006; however, the members were removed in 2007, to make way for the last composition of the Constitutional Tribunal.183 By parliamentary resolution approved on April 24, 2007, the National Congress, arguing that the four-year term of the Constitutional Tribunal had concluded, removed the members of the Constitutional Tribunal of Ecuador who had been appointed in February del 2006, after the Court had been vacant for 10 months following the removal of the previous members in April 2005. 184 120. On November 30, 2007, the National Constituent Assembly was installed in order to draft a new Constitution of the Republic of Ecuador.185 The National Constituent Assembly, known as “of Montecristi,” eliminated the institution of the Constitutional Tribunal and created the Constitutional Court.186 121. The new Constitution entered into force on October 20, 2008.187 It incorporated the international human rights instruments as part of Ecuador’s legal system and accorded them 180 Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, para. 99. 181 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 1110). 182 The representatives indicated that, “in 1997, the Constitutional Tribunal [was removed]” and this “occurred [again] in 2004, 2005 and 2007” (merits file, tome IV, folio 1773); expert witness Alejandro Ponce Villacís explained that in “February 1997, the judges of the Court of Constitutional Guarantees, which had been acting as a Constitutional Tribunal, […] were removed by a resolution of the National Congress” (merits file, tome III, folio 1344), and Human Rights Watch, “Ecuador: Removal of Judges Undermines Judicial Independence, May 11, 2007,” available at: http://www.hrw.org/news/2007/05/10/ecuador-removal-judges-undermines-judicialindependence. 183 Cf. Human Rights Watch, “Ecuador: Removal of Judges Undermines Judicial Independence, May 11, 2007,” available at: http://www.hrw.org/news/2007/05/10/ecuador-removal-judges-undermines-judicialindependence 184 Cf. Human Rights Watch, “Ecuador: Removal of Judges Undermines Judicial Independence, May 11, 2007,” available at: http://www.hrw.org/news/2007/05/10/ecuador-removal-judges-undermines-judicialindependence 185 Cf. Affidavit prepared by expert witness Alarcón Peña (merits file, tome III, folio, 1414). 186 Affidavit of March 13, 2013, prepared by expert witness Ávila Linzán (merits file, tome III, folio 1385). 187 Cf. Affidavit prepared by expert witness Alarcón Peña (merits file, tome III, folio, 1414). 38