National Constituent Assembly in 1998. 63 Regarding the appointment and tenure of justices of the Supreme Court of Justice, it provided that they would enjoy indefinite tenure and that the cooptation system would be used to fill vacancies, 64 in the following terms: Article 202. The judges of the Supreme Court of Justice shall not be subject to a fixed period in their positions. Their duties shall be terminated for the reasons set forth in the Constitution and in law. When a vacancy arises, the plenary of the Supreme Court of Justice shall appoint the new judge, with a vote in favor of two-thirds of its members, with due consideration of the criteria of professionalism and judicial career, as provided for by law. Appointments shall be made, alternately, from professionals who have served in the judiciary, as university professors or in free professional exercise, in that order. 57. As to the dismissal of certain authorities, the Constitution’s transitory provisions established that: Twenty-five- Officials and members of agencies appointed by the National Congress and the Comptroller General of the State for a four-year period as of August 10, 1998, under the provisions of this Constitution, shall remain in those positions until January 2003. 65 58. Transitory Provision 25 was not included in the section of the Constitution concerning the “judiciary”, but rather in the section entitled “The National Congress.” 66 4. Operation of the Supreme Court 59. The Supreme Court of Justice was the highest court of the judicial system, with jurisdiction throughout the national territory and the authority to decide on remedies of cassation, review and appeal in cases of immunity. It also had the authority to rule in a general and binding manner in cases where contradictory legal provisions were in force. 67 60. In exercise of its constitutional 68 and legal 69 authority, the Supreme Court of Justice regulated some aspects of the cooptation procedure to ensure effective participation by civil society organizations. It established that, should a vacancy occur, the President of the Supreme Court of Justice would issue a public appeal calling on civil society and the nominating bodies to submit candidates. A list of twelve public and private institutions would also be drawn up so that these could nominate candidates and submit personal applications. Subsequently, the plenary of the Supreme Court of Justice would appoint a 63 Cf. Affidavit rendered by expert witness Pásara on January 21, 2013 (Merits file, volume III, page 1275); Affidavit rendered by expert witness Ruiz Acosta on January 29, 2013 (Merits file, volume III, page 1219), and Affidavit rendered by witness Ayala Mora on January 31, 2013 (Merits file, volume III, page 1283). 64 Cf. Constitution of the Republic of Ecuador of August 11, 1998 (File of attachments to the answer brief, volume I, page 3336), and Affidavit rendered by expert witness Ruiz Acosta of January 29, 2013 (Merits file, volume III, page 1219). 65 Cf. Constitution of the Republic of Ecuador of August 11, 1998 (File of attachments to the answer brief, volume I, page 3350). 66 Cf. Constitution of the Republic of Ecuador of August 11, 1998 (File of attachments to the answer brief, volume I, page 3350). 67 Article 197, 198 and 200 of the Constitution of the Republic of Ecuador of August 11, 1998 (File of attachments to the answer brief, volume I, pages 3335 and 3336). 68 Cf. Article 202 of the Constitution of the Republic of Ecuador of August 11, 1998 (File of attachments to the answer brief, volume I, page 3336). 69 Cf. Ruling of the Supreme Court of Justice of September 22, 2003 (File of attachments to brief of pleadings and motions, volume I, page 2271). 20