the Supreme Electoral Tribunal, re-electing 5 of the 7 members, among whom was the alleged victim8 for an
additional period of 4 years. On January 14, 2003, the alleged victim took up his post. 9
D.
Dismissal of the Supreme Electoral Tribunal
37.
In the Case of Camba Campos and others v. Ecuador, the Inter-American Court considered the
following proven facts to be relevant in this case as a background to Resolution 25-160 dismissing the members
of the Supreme Electoral Tribunal and of the Constitutional Tribunal described below:
On November 9, 2004, in the National Congress, the parties opposing the Government
prepared the impeachment of the President of the Republic for the offense of embezzlement.
To counteract this action, the evidence in the case file, which was not disputed by the State,
indicates that the Government was able to put together a parliamentary majority and entered
into political agreements with, among others, the Ecuadorian Roldosista Party (PRE). The
leader of the PRE, the former President of the Republic, Abdalá Bucaram Ortíz, sought the
annulment of several criminal trials that were being processed before the Supreme Court of
Justice, based on which there was an order for his arrest and he was a fugitive from justice in
Panama.
On November 23, 2004, the President of the Republic, Lucio Gutié rrez, announced the
Government’s intention of submitting to Congress a proposal for the reorganization of the
Constitutional Tribunal, the Supreme Electoral Tribunal, and the Supreme Court of Justice. 10
38.
On November 25, 2004, in Resolution 25-160, the National Congress declared that it has
removed from their positions the members of the Supreme Electoral Tribunal and the Constitutional Tribunal.
11
39.
In said resolution, Congress made the following considerations:
That there is a unanimous clamor from the Ecuadorian population to end the state of
constitutional chaos that prevails in public bodies;
That the main and alternate members of the Constitutional Court were designated illegally
(...)
That the principal and alternate members of the Supreme Electoral Tribunal were appointed
without considering what is established in article 209 of the Political Constitution of the
Republic and the laws (...).12
40.
By virtue of the foregoing, Congress decided, so far as is relevant in this case:
2. To remove from their positions the principal and deputy members of the Supreme Electoral
Tribunal on the ground that they have been appointed in breach of article 209 of the Political
Constitution of the Republic, in connection with the manner of appointment, and, to proceed
to the appointment of new members in accordance with the aforementioned constitutional
rule, pursuant to the election results of October 20, 2002.
3. This resolution shall enter into force immediately, without prejudice to its publication in
the Official Gazette (...)13
8Annex
4. Resolution of Appointment as Member of January 9, 2003. Annex 1 to the petition received on May 26, 2005, document 1.
5. Certificate of Incumbency of January 14, 2003. Annex 1 to the petition received on May 26, 2005, document 2.
10 I/A Court H.R., Case of the Constitutional Tribunal (Camba Campos et al.) v. Ecuador. Preliminary Objections, Merits, Reparations and
Costs. Judgment of August 28, 2013. Series C No. 268, paras. 55 and 56 (original citations omitted).
11 Annex 6. R-O of December 20, 2004. Annex 4 to the petition received on May 26, 2005, document 1.
12 Annex 6. R-O of December 20, 2004, R-25-160. Annex 4 to the petition received on May 26, 2005, document 1.
13 Annex 6. R-O of December 20, 2004, R-25-160. Annex 4 to the petition received on May 26, 2005, document 1.
9Annex
7