f) On April 15, 2004, congressman Antonio Posso Salgado submitted an accusation against 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).99 The motion of censure (F) was presented on July 7, 2004. 81. On November 24, 2004 the Speaker summoned the members of the Constitutional Tribunal to appear for the impeachment proceeding on December 1, 2004, “to the debate on the motions of censure tabled against them by congressmen Luis Villacis Maldonado, Antonio Posso Salgado, Segundo Serrano and Marco Proaño Maya.” 100 4. The vote on the motions of censure in the impeachment proceeding of December 1, 2004 82. Regarding the summons issued on November 24, 2004, in accordance with the first item on the agenda, in the session of December 1, 2004, Congress dealt with the debate on the motions of censure tabled against the judges who were removed from the Constitutional Tribunal.101 83. On December 1, 2004, these judges had already been terminated (supra para. 63). However, paragraph 9 of article 130 of the 1998 Constitution indicated that judges could be prosecuted “during the exercise of their functions and up to one year after ending them.” 84. The session opened with 53 legislators sitting in a regular session. The agenda was as follows: “1. Debate on the motions of censure tabled in the impeachment proceedings against […] Oswaldo Cevallos, Luis Rojas, Jaime Nogales, Miguel Camba, Manuel Jaramillo, René de la Torre, [… and] 2. First debate on the bill for the creation of the canton of La Concordia.”102 Following the opening of the session, the Secretary read out the legal and constitutional norms relating to the impeachment procedure and the six motions of censure.103 85. During the session, the interventions of judges Oswaldo Cevallos, Miguel Camba Campos, René de la Torre, Manuel Jaramillo, Jaime Nogales, Luis Rojas and Simón Zavala exercise political rights such as voting and being elected; 27 – which defines elections, and art. 97(17) – which allows citizens to participate in the country’s political, civil and community life, honestly and transparently.” Cf. motion of censure tabled by congressman Segundo Serrano Serrano, Note No. 106-SISS-KB-HCN-JP, of May 31, 2004 (file of annexes to the report, tome II, folio 617). 99 Cf. National Congress Record No. 24-326 of December 1, 2004 (file of annexes to the report, tome IIII, folios 915 and 916). 100 National Congress, Note No. 1212-PCN of November 24, 2004. (file of annexes to the report, tome I, folio 78). In addition, a record exists that “the communication sent to Simón Zavala, under note No. 1218 PCN of November 24, 2004, was delivered to the office of Mr. Zavala on November 25, 2004, at 12.50 p.m.” National Congress Record No. 23-326 of December 1, 2004 (file of annexes to the report, tome II, folio 914). However, during the session on November 25, 2004, the Secretary of Congress certified that all the members of the Constitutional Tribunal had been notified and summoned. Cf. National Congress Record No. 24-323 of November 25, 2004 (file of annexes to the report, tome I, folio 212). 101 Cf. National Congress Record No. 24-326 of December 1, 2004 (merits file, tome I, folios 433 to 529). Cf. Affidavit prepared by Simón Zabala Guzmán on March 12, 2013 (merits file, tome III, folio 1246), and Affidavit prepared by Jaime Manuel Nogales Izurieta on March 4, 2013 (merits file, tome III, folio 1331). 102 Cf. National Congress Record No. 24-326 of December 1, 2004 (file of annexes to the report, tome II, folios 911). 103 Cf. National Congress Record No. 24-326 of December 1, 2004 (file of annexes to the report, tome II, folios 911 a 916). 28