40. Historically, there have been frequent structural reforms and changes in the composition of Ecuador’s High Courts. 27 At certain times the High Courts were intervened by the political powers. According to expert witness Mónica Rodríguez, proposed by the State, “[i]n Ecuador, the independence of the Supreme Court of Justice has been compromised, and the institution has been used as a tool throughout history.” 28 41. The background to this case concerns the dismissal of the Constitutional Tribunal, the Supreme Electoral Tribunal and the Supreme Court of Justice of Ecuador, which occurred in November and December of 2004 (infra paras. 64 and 67). These dismissals were carried out by the National Congress. The instant case focuses on the dismissal of the judges of the Supreme Court of Justice on December 8, 2004. In this regard, the Court considers it necessary to describe the processes that preceded these events. 1. The Referendum of April 7, 1997 and the constitutional amendments of July 23, 1997 42. President Abdalá Bucaram was elected on August 10, 1996; 29 however, his government lasted only 180 days, since he was ousted by Congress in February 1997. 30 43. After Bucaram’s removal, Fabián Alarcón Rivera was appointed as Interim President of the Republic, 31 and 32 on April 7, 1997, he called for a popular referendum by means of Executive Decree No. 201. 33 The popular referendum had a political objective: to legitimize the Alarcón government, whose constitutionality had been called into question. 34 The referendum also had two other clear objectives: to legitimize the actions of government bodies and to restructure the country’s institutions. The referendum approved changes to the Constitution and, moreover, provided the basis for convening a Constituent Assembly. 35 44. Some questions in the referendum were aimed at defining certain issues that would be binding for the Assembly and would be included as automatic amendments to the 27 See press article “History of sudden shocks”, in the daily newspaper “El Comercio” on July 28, 2011 (File of attachments to the brief of pleadings and motions, volume II, page 2777). 28 Affidavit rendered by expert witness Rodriguez on January 30, 2013 (Merits file, volume III, page 1241). 29 Cf. Statement before a notary rendered by expert witness Ruiz Acosta on January 29, 2013 (Merits file, volume III, page 1201) and Affidavit rendered by witness Vela Puga on January 31, 2013 (Merits file, volume III, page 1319). 30 In this regard, the expert witness Ruiz Acosta stated: “Many of the citizens who protested against the composition of the new Court and its ruling annulling the criminal proceedings against Bucaram, but also against former Vice-president Alberto Dahik and former President Gustavo Noboa, had been part of citizens´ mobilization of February 1997 that led to Bucaram’s removal by Congress”. He added that “[f]rom 1996 until 2007 no Ecuadorian president was able to complete the four-year constitutional term; during that time, 9 presidents held office.” Affidavit rendered by expert witness Ruiz Acosta of January 29, 2013 (Merits file, volume III, pages 1200 and 1201) and Affidavit rendered by witness Ayala Mora of January 31, 2013 (Merits file, volume III, page 1283). 31 Cf. Affidavit rendered by witness Ayala Mora on January 31, 2013 (Merits file, volume III, page 1283). 32 Regarding this point, witness Ayala Mora stated that the referendum was also held with a view to ensuring the judicial independence of the Supreme Court, because for years it had become permeated by the interests of Ecuador’s political parties, since appointments were made by Congress. Affidavit rendered by witness Ayala Mora on January 31, 2013 (Merits file, volume III, page 1281). 33 Cf. Executive Decree 201, “Convocation to a Popular Referendum” of April 7, 1997 (File of attachments to the brief of pleadings and motions, volume I, page 2248). 34 1218). Cf. Affidavit rendered by expert witness Ruiz Acosta on January 29, 2013 (Merits file, volume III, page 35 Cf. Executive Decree 201, “Convocation to a Popular Referendum” of April 7 1997 (File of attachments to the brief of pleadings and motions, volume I, page 2249). 15