B. Background 32. Ecuador had seven different presidents during the years from 1996 to 2007. None of them completed the four-year term mandated in the Constitution. From the time Abdalá Bucaram was elected president in 1996 until Rafael Correa took office in 2007, Ecuador had the following presidents, in chronological order: Abdalá Bucaram (1996 1997), Rosalía Arteaga (February 1997), Fabián Alarcón (February 1997 – August 1998), Jamil Mahuad (August 1998 – January 2000), Gustavo Noboa (January 2000 – January 2003), Lucio Gutiérrez (January 2003 – April 2005) and Alfredo Palacio (April 2005 – January 2007).19 33. Over the years, structural reforms and changes to the composition of the high courts have been frequent in Ecuador. The high courts have at times been taken over by political authorities, such that, “[i]n Ecuador, the independence of the Supreme Court of Justice has been compromised and the institution exploited throughout its history.”20 34. This case occurred in the context of dismissals from the Constitutional Court, the Supreme Electoral Tribunal and the Supreme Court of Ecuador, in November and December, 2004. The Court has already addressed these dismissals in the cases of The Supreme Court of Justice (Quintana Coello et al.) v. Ecuador and The Constitutional Court (Camba Campos et al.) v. Ecuador.21 The dismissals were conducted by the National Congress over the course of 14 days in an atmosphere of political instability (infra paras. 82 to 86). The instant case will focus on dismissals of the members of the Supreme Electoral Tribunal. C. The process by which Mr. Aguinaga Aillón was appointed to the Supreme Electoral Tribunal 35. Article 209 of the 1998 Constitution states that the Supreme Electoral Tribunal is to be made up of seven regular members and seven alternates, representing the political parties that won the highest number of votes in multi-candidate elections; the parties submit to the National Congress the slates from which the regular and alternate members are to be selected.22 36. The National Congress named regular and alternate members of the TSE for the term running from 1998 through 2003 on December 2, 1998. The congressional resolution appointed Carlos Julio Aguinaga Aillón to serve as a regular member of the TSE.23 19 Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador. Preliminary Objection, Merits, Reparations and Costs. Judgment of August 23, 2013. Series C No. 266, para. 39, and Case of the Constitutional Court (Camba Campos et al.) v. Ecuador Preliminary Objections, Merits, Reparations and Costs. Judgment of August 28, 2013. Series C No. 268, para. 40. 20 Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, supra, para. 40, and Case of the Constitutional Court (Camba Campos et al.) v. Ecuador, supra, para. 41. 21 Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, paras. 42 to 62, and Case of the Constitutional Court (Camba Campos et al.) v. Ecuador, supra, paras. 43 to 48. 22 Cf. Constitution of the Republic of Ecuador, August 11, 1998, Article 209 (evidence file, folio 2294). 23 Cf. Resolution of appointment of Mr. Aguinaga Aillón as a member of the TSE, December 2, 1998 (evidence file, folio 1783). 12

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