TO TERMINATE the functions of the judges of the Supreme Court of Justice and their respective deputy judges, who failed to resign from office in January 2003, as provided for in Transitory Provision 25 of the current Constitution; and, TO APPOINT in their place, the jurists named below, who shall take the oath of office before the Second Vice President of the National Congress, shall not be subject to fixed terms for the duration of their office, and shall be subject to termination on the grounds prescribed by the Constitution and by law: […] Within a period not exceeding fifteen days, the National Council of the Judiciary shall be restructured and shall submit, to the National Congress, shortlists of three names for the election of the Minister Prosecutor General of the Nation, the Superior Courts of Justice and the provincial prosecutors. This resolution shall enter into force immediately, regardless of its publication in the Official Record. 131 85. The resolution to dismiss all the judges was approved by a total of fifty-two (52) votes in favor and three (3) votes against. 132 Forty (40) congressmen present in the chamber decided “not to vote.” 133 86. That same resolution also appointed the new judges of the Supreme Court of Justice. The new appointees included four judges who formed part of the former Court, namely, Messrs. Vergara Acosta, Guerrero Armijos, Jaramillo Arízaga and Bermeo Castillo. 134Judge Bermeo Castillo did not accept this new appointment. 135 87. Immediately after adopting the resolution, and without being included in the agenda, a motion for constitutional reform was presented so that Congress would regain its jurisdiction to impeach members of the Supreme Court of Justice. 136Said motion was approved with thirty-four votes in favor. 137 The Congress discussed the third and last point of the agenda, concerning the Organic Law of Elections. 138 The session ended at 00h 40 minutes. 139 88. Following the issuance of this Resolution, the National Government “admitted that the new Supreme Court justices would discharge their duties on a temporary basis, until the 131 Resolution 181 of December 8, 2004 (File of attachments to the report, volume I, page 206). 132 Cf. Record 24-001 of December 8, 2004 (File of attachments to the report, volume II, pages 338 to 484); Press report “Congress restructures the Court” on December 9, 2004 (File of attachments to the answer brief, volume I, page 3179); Press report in the daily “El Universo” entitled “Constitutional matters” of December 26, 2004 (File of attachments to the report, volume III, page 724), and Press report in the daily “El Comercio” entitled “Majority dismisses the Court” (File of attachments to the report, volume II, page 557). 133 Record 24-001 of December 8, 2004 (File of attachments to the report, volume II, page 455 to 464). 134 Resolution no. R-25-181 of December 8, 2004 (File of attachments to the report, volume I, page 206). These judges were selected by the National Congress on October 2, 1997 from a list drawn up by the Qualifying Committee on October 1, 1997 (File of attachments to the report, volume I, page 105). 135 Mr. Bermeo Castillo explained that he had declined the new appointment because he considered that “the Constitution ha[d] been […] repeatedly and reiteratedly violated by Congress, […] which had granted itself absolutely non-existent powers, such as appointing a Supreme Court, after having dismissed, in an arbitrary manner, the previous one.” Statement of Mr. Bermeo Castillo on November 14, 2011 (File of attachments to the brief of pleadings and motions, volume I, pages 2369 and 2370), and press report entitled “Bermeo resigns and denounces Parliament” from “El Comercio” newspaper, December 14, 2004 (File of attachments to the Merits Report, volume II, page 558). 136 Cf. Record 24-001 of December 8, 2004 (File of attachments to the report, volume II, page 465). 137 Cf. Record 24-001 of December 8, 2004 (File of attachments to the report, volume II, page 476). 138 Cf. Record 24-001 of December 8, 2004 (File of attachments to the report, volume II, page 476). 139 Cf. Record 24-001 of December 8, 2004 (File of attachments to the report, volume II, page 289). 30