93. On April 2, 2005 former President Bucaram, 154 who was being criminally prosecuted for illegal enrichment and mismanagement of public funds, returned to Ecuador, a fact that intensified the public protests against the government. 155 According to the observations of the United Nations Rapporteur on the independence of judges and lawyers during his visit to Ecuador on July 11-15, 2005, these decisions aggravated “the social and political tensions in the country, and the crisis spread to all the main institutions.” 156 94. In that context, on April 15, 2005 the President of the Republic, Lucio Gutiérrez, issued Executive Decree No. 2752, dismissing the Supreme Court of Justice elected on December 8, 2004. 157 The grounds cited in the Decree included the following: “The National Congress has to date not resolved the dismissal of the current Supreme Court of Justice [appointed on December 8, 2004], which is creating severe national unrest […] it is therefore vital to obey the pronouncements of the citizens of Quito and of the Republic, rejecting the operations of the current Supreme Court of Justice.” 158 Consequently, the President of the Republic decreed: Article 2. - Given the express mandate and sovereign will of the Ecuadorian people, and in compliance with the State’s duty to recognize and ensure the right to legal security enshrined in Article 23 section 26 of the Constitution of the Republic, the judges of the current Supreme Court of Justice, appointed by means of Resolution 25-181 of December 8, 2004, are hereby dismissed from office. 159 95. The same Executive Decree also declared a state of emergency in the city of Quito. 160 The following day, April 16, 2005, the President of the Republic issued Executive Decree No. 2754, stating that “the cause of domestic unrest and turmoil in the city of Quito created by the crisis in the Supreme Court of Justice has been overcome” and, consequently, declaring “an end to the state of emergency.” 161 96. At the same time, on April 17, 2005, Congress annulled the resolution of December 8, 2004, regarding the appointment of the new Supreme Court of Justice. 162 However, it did not order the reinstatement of the justices who had been dismissed from office. 163 97. All this increased the “rising wave of tension and violence, particularly in the capital”, as a result of which on April 20, 2005, Congress declared that President Lucio Gutiérrez had 154 The expert witness Ruiz Acosta reported that Bucaram returned to the country on April 2, 2005. Affidavit rendered by expert witness Ruiz Acosta on January 29, 2013 (Merits file, volume III, page 1221). 155 Cf. Statement rendered by witness Ayala Mora on January 31, 2013 (Merits file, volume III, page 1290), and Affidavit rendered by expert witness Ruiz Acosta on January 29, 2013 (Merits file, volume III, page 1221). 156 Cf. Report of the Special Rapporteur on the independence of judges and lawyers of August 31, 2005 (File of attachments to the report, volume II, page 525). 157 Cf. Executive Decree 2752 of April 15, 2005 (File of attachments to the report, volume II, page 495). 158 Executive Decree 2752 of April 15, 2005 (File of attachments to the report, volume II, page 494). 159 Cf. Executive Decree 2752 of April 15, 2005 (File of attachments to the report, volume II, page 495). 160 Cf. Executive Decree 2752 of April 15, 2005 (File of attachments to the report, volume II, page 495). 161 Cf. Report of the Special Rapporteur on the independence of judges and lawyers of August 31, 2005 (File of attachments to the report, volume II, page 525), and Executive Decree 2754 of April 16, 2005 (File of attachments to the report, volume II, page 495). 162 Cf. Report of the Special Rapporteur on the independence of judges and lawyers of August 31, 2005 (File of attachments to the report, volume II, page 525). 163 Cf. Report of the Special Rapporteur on the independence of judges and lawyers of August 31, 2005 (File of attachments to the report, volume II, page 525). 33