members of the Supreme Court of Justice was to appoint new judges in line with the interests of the political majority. 126 82. Several congressmen also claimed that lists containing the names of individuals who would become the new judges had been circulated by Congress “for the last several days.” 127 Another deputy stated that since the previous day, “the positions [of judges] were being sold in […] a hotel. 128 With regard to the proceedings being conducted against former President Abdalá Bucaram, one deputy declared that after “[e]ight years of persecuting a man […] now they want to tell us that justice is changing hands [, so that they] can continue] in [their] permanent struggle, not only to reclaim justice for [their] leader [former President Abdalá Bucaram, but also] to reclaim justice for twelve and a half million Ecuadorians who demand it.” 129 83. That same day, the National Congress issued Resolution No. R-25-181 dismissing all the judges of the Supreme Court of Justice. The resolution’s ‘whereas’ clauses included the following: That the current Constitution of the Republic, in force since August 10, 1998, provides in its 25th Transitory Provision that: ´The 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´; That the current judges of the Supreme Court of Justice were appointed by the National Congress under the 16th Transitory Provision of the previous Constitution of the Republic, published in the supplement of the Official Record No. 142 of September 1, 1997, and so are currently under an expired mandate for not having resigned in January 2003; That the Constitution currently in force does not establish a procedure for electing the thirty-one judges of the Supreme Court of Justice, establishing only in Article 202, the proceeding for appointing a judge when a vacancy arises. Also, the Organic Law of the Judiciary, in Article 12 currently in effect, establishes the National Congress as the nominating authority for judges of the Supreme Court of Justice; That the State has the duty to guarantee the operation of the democratic system and the administration of justice free of corruption. 130 84. Based on the foregoing, the National Congress decided: through a resolution” and by controlling the judicial branch could manage “any criminal trial initiated […] into acts of corruption by this government.” Record 24-001 of December 8, 2004 (File of attachments to the report, volume II, pages 358, 365, 373, 381, 390 and 391). 126 Cf. In this regard, Congressman Gonzalez Albornoz stated that “the interest in the Supreme Court of Justice is in who controls the Criminal Chamber. And that […] is not only […] because of politicians who have problems with the law [, but] because the lawsuits against the bankers are in the Criminal Chamber.” Likewise, Congressman Guaman Coronel pointed out that “it’s not just the changing of thirty-one judges, the handover to another group, this is a power struggle, nothing more.” Record 24-001 of December 8, 2004 (File of attachments to the report, volume II, pages 381 and 426). Similarly, the witness Ayala Mora stated that “the list of new judges had been drawn up based on political quotas of the parties and individuals that created the majority, [… d]uring the parliamentary discussions that night, positions on the Court were offered in exchange for votes. I know that. And I also know that there was talk that the new Court was committed to dismantling the proceedings brought against Abdalá Bucaram to allow his return to the country and to political life, something that, in fact, happened. My assertion is borne out by the action taken by the new Court as soon as it was instated.” Affidavit rendered by witness Ayala Mora of January 31, 2013 (Merits file, volume III, page 1289). 127 Record 24-001 of December 8, 2004 (File of attachments to the report, volume II, page 395). 128 Record 24-001 of December 8, 2004 (File of attachments to the report, volume II, page 425). 129 Record 24-001 of December 8, 2004 (File of attachments to the report, volume II, page 371). 130 Resolution 181 of December 8, 2004 (File of attachments to the report, volume I, page 206). 29