the disposal of the parties preparatory to initiating the procedure provided for at Article
48(1)(f) of the American Convention.
6. A hearing on admissibility was held on March 13, 2006, during the 124th regular session of
the Inter-American Commission. On March 21, 2006, the State submitted additional
information, which was forwarded to the petitioners on March 31, 2006, with a request for
observations. The petitioners conveyed their observations in a communication received on May
23, 2006, on which date the petitioners also transmitted the technical opinions of Drs. Judith
Salgado and Orlando Alcívar Santos. Both communications were forwarded to the State on July
7, 2006, with a request for observations. On September 29, 2006, the communication of July
7, 2006, was reiterated to the State. As of the drafting of the instant report the State has not
presented the observations requested.
III.
POSITIONS OF THE PARTIES
A.
The petitioners
7. The petitioners hold that the justices of the Supreme Court were appointed in accordance
with the sixteenth transitory provision of the reforms to the 1979 Constitution adopted by the
National Congress in 1997. According to said provision:
For this time only the National Congress shall appoint all 31 justices of the Supreme
Court of Justice from a list composed of at least four and not more than 10 candidates
proposed by the following nominating entities from civil society:
1. The former constitutional presidents of the Republic;
2. The Ecuadorian Episcopal Conference;
3. The former Chief Justices of the Supreme Court of Justice;
4. The National Bar Association of Ecuador;
5. The human rights associations;
6. The deans of the university law schools and the members of the National Council of
Universities and Polytechnic Colleges (CONUEP);
7. The National Association of Newspaper Directors, the Ecuadorian Association of
Television Networks, and the Ecuadorian Broadcasting Association;
8. The judges of the Superior Courts of Justice, District Tax Courts and Administrative
Tribunals, and the National Federation of Judicial Employees and Officials;
9. The general unions, campesino organizations, and teachers and educators organized
under the UNE and FENAPUPE;
10. The indigenous and Afro-Ecuadorian peoples’ organizations of Ecuador;
11. The Consortium of Provincial Councils of Ecuador and the Association of Municipalities
of Ecuador; and,
12. The Chambers of Production and Small Industry.
Any other civil society organization or person may submit their nominations to the
Constitutional Committee for Judicial Affairs.
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