b)
On May 8, 2003, congressman Antonio Posso Salgado filed an accusation
against Oswaldo Cevallos, Luis Rojas, Jaime Nogales, Miguel Camba and René de la
Torre based on their votes on the decision of the Constitutional Tribunal in Ruling No.
0004-2003-TC (fourteenth salary).93 The motion of censure (B) was presented on
June 24, 2003;94
c)
On May 8, 2003, congressman Marco Proaño Maya filed an accusation against
Oswaldo Cevallos, Luis Rojas, Jaime Nogales, Miguel Camba and René de la Torre
based on their votes on the decision of the Constitutional Tribunal in Ruling No.
0004-2003-TC (fourteenth salary).95 The motion of censure (C) was presented on
June 16, 2003;
d)
On May 13, 2003, congressman Segundo Serrano Serrano submitted an
accusation against Oswaldo Cevallos, Luis Rojas, Jaime Nogales, Miguel Camba and
René de la Torre based on their votes on the decision of the Constitutional Tribunal in
Ruling No. 0004-2003-TC (fourteenth salary).96 The motion of censure (D) was
presented on June 11, 2003;
e)
On April 5, 2004, congressman Segundo Serrano Serrano submitted an
accusation against Oswaldo Cevallos, Manuel Jaramillo (alternate judge for Oswaldo
Cevallos), Jaime Nogales, Miguel Camba, Luis Rojas and Simón Zabala based on their
votes on the decision of the Constitutional Tribunal in Ruling No. 025-2003-TC
(D’Hondt method)97. The motion of censure (E) was presented on May 31, 2004,98
and
93
Cf. National Congress Record No. 24-326 of December 1, 2004 (file of annexes to the report, tome IIII,
folios 915 and 916).
94
Regarding the motion of censure presented by congressman Segundo Serrano Serrano, it was presented
because, presumably, the judges, “when delivering their ruling, accepted an erroneous fact; namely, that 1,000
citizens with political rights had supposedly filed an action on unconstitutionality, pursuant to the provisions of
article 277(5) of the Constitution. As established in this proceeding, the authenticated signatures and the
Ecuadorian citizens with political rights do not exist and, furthermore, Gustavo Pinto, who appears as Attorney
General, has never been appointed to this position. Hence, since the said judges did not verify the supporting
signatures, they have committed the offense defined in article 339 of the Criminal Code and, therefore, are guilty
of this violation of the law, committed while exercising their functions. Similarly, with their decision, they have
ignored the exclusive and specific authority of the National Congress to interpret the law, as established in article
130(5) of the Constitution, as well as in article 14(7) of this instrument, article 3 of the Civil Code, and article 73 of
the Law on the Organization of the Legislative Function. At the same time, with this decision, the said judges have
violated the provisions of numbers 1, 3, 4 and 6 of the Constitution, as well as articles 4, 5 and 7 of the Labor
Code.” National Congress Record No. 24-326 of December 1, 2004 (file of annexes to the report, tome III, folios
1012 and 1013).
95
Cf. National Congress Record No. 24-326 of December 1, 2004 (file of annexes to the report, tome IIII,
folios 915 and 916).
96
Cf. National Congress Record No. 24-326 of December 1, 2004 (file of annexes to the report, tome IIII,
folios 915 and 916).
97
Cf. National Congress Record No. 24-326 of December 1, 2004 (file of annexes to the report, tome IIII,
folios 915 and 916).
98
According to the motion of censure presented by congressman Serrano Serrano, “[t]he members of the
Constitutional Tribunal […] who processed and approved Ruling No 025-2003-TC […], as proved in these
proceedings, with the respective evidence, by delivering their judgment, Jaime Nogales Izurieta, Miguel Camba
Campos, Luis Rojas Bajaña, Simón Zavala Guzmán, and Manuel Jaramillo Córdova, alternate member for Oswaldo
Cevallos Bueno, and the latter, as President of that Tribunal, by admitting the complaint filed by Xavier Neira
Menéndez, have acted according to their personal interests and to benefit those who enabled their election to the
Constitutional Tribunal; namely, the Social Christian Party, prejudicing and placing at a disadvantage all the other
political parties that exist in the country; also, by ignoring the formula for calculating proportional representation
that permitted plural and democratic political representation, with the participation of majorities and minorities, as
established in art. 99 of the Constitution, they have jeopardized the next elections; with this dangerous attack on
the democratic life of the country, as well as on the rights and freedoms guaranteed in the Constitution, they have
committed offenses defined in arts. 277 and 213, respectively, of the Criminal Code; and also violated the following
articles of the Constitution: 1 – which defines our State as participative and inclusive; 18 – which establishes that a
decision may restrict the exercise of constitutional rights and guarantees; 26 – which allows Ecuadorians to
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