method (E) was read out.130 Then, a vote was held on the motion of censure, “the debate
procedure having concluded and this being the explicit mandate of the Plenary.”131 The vote
culminated with 57 votes in favor of censuring the “former members of the Constitutional
Tribunal,”132 which meant that the motion against Oswaldo Cevallos, Jaime Nogales, Miguel
Camba, Luis Rojas, Simón Zavala and Manuel Jaramillo was adopted.
94.
Then, the motion of censure tabled by congressman Antonio Posso concerning the
Tribunal’s decision on the D´Hondt Method (F)133 was read. Immediately afterwards, a vote
was held on the motion, resulting in 56 votes in favor of the motion of censure.134
Therefore, the motion against Jaime Nogales, Miguel Camba, Luis Rojas, Simón Zavala and
Manuel Jaramillo was adopted.
95.
When this vote had concluded, the Speaker asked if any motions of censure
remained pending a vote, and the Secretary of Congress responded that “Congressmen Luis
Villacís Maldonado and Marco Proaño Maya had withdrawn their motions of censure.
Consequently, based on the decision taken by Congress, a vote should be taken on the
motion of censure concerning the violations of the Constitution in relation to the fourteenth
salary that had been tabled by congressman Segundo Serrano against the members of the
Constitutional Tribunal: Oswaldo Cevallos, Jaime Nogales, René de la Torre, Miguel Camba
and Luis Rojas.”135 The vote was then held on the motion of censure tabled by congressman
Serrano in relation to the fourteenth salary (D), resulting in 45 votes against and six in
favor – in other words, 51 valid votes – and the motion was rejected.136
96.
Immediately after this the Speaker called a vote on the motion of censure tabled by
congressman Posso in relation to the fourteenth salary (B) against Judges Oswaldo Cevallos,
Luis Rojas, Miguel Camba, Jaime Nogales and René de la Torre. The result of this vote was
44 votes against and five in favor; hence 49 valid votes. 137 Those present requested the
rectification of this vote, and it was held again with the following result: 43 votes against
and four in favor, for a total of 47 valid votes and, consequently, this motion was also
rejected.138
97.
The members of Congress then turned to the second item on the agenda: “Analysis
of the decision on the legal and constitutional situation of the Judiciary.”139 As a result of
this debate, National Congress issued Resolution No. R-25-181,140 by which it terminated
130
Cf. National Congress Record No. 24-001-IV of December 8, 2004 (merits file, tome II, folio 639).
131
Cf. National Congress Record No. 24-001-IV of December 8, 2004 (file of annexes to the report, tome II,
folio 710).
132
It is worth noting that there were 57 valid votes, because the other members of Congress refused to vote.
National Congress Record No. 24-001-IV of December 8, 2004 (merits file, tome II, folio 649).
133
Cf. National Congress Record No. 24-001-IV of December 8, 2004 (merits file, tome II, folio 650).
134
Cf. National Congress Record No. 24-001-IV of December 8, 2004 (merits file, tome II, folio 659).
135
Cf. National Congress Record No. 24-001-IV of December 8, 2004 (merits file, tome II, folios 659 and
660).
136
Cf. National Congress Record No. 24-001-IV of December 8, 2004 (merits file, tome II, folio 668).
137
Cf. National Congress Record No. 24-001-IV of December 8, 2004 (file of annexes to the report, tome II,
folio 749).
138
Cf. National Congress Record No. 24-001-IV of December 8, 2004 (merits file, tome II, folio 685).
139
Cf. National Congress Record No. 24-001-IV of December 8, 2004 (merits file, tome II, folio 687).
140
Cf. National Congress, Resolution No. R-25-181 of December 9, 2004 (file of attachments to the report,
tome I, folios 85 and 86).
32