13 52. On December 5, 2004, President of the Republic Lucio Gutiérrez Borbúa called for Congress to meet in a special session. Citing Articles 133 29 and 171.8 30 of the Constitution and Article 6 31 of the Organic Law of the Legislative Branch, the call was made in the following terms: Sole Article. The Honorable National Congress is called to meet in a special session on Wednesday, December 8, 2004, at 11:00 a.m., to hear and resolve the following matters: (1) Voting in the impeachment of the former members of the Constitutional Court. (2) Analysis of a resolution on the constitutional and legal situation of the judicial branch; and (3) Voting on the amendment to the Organic Elections Law dealing with the right of proportional representation of minorities in multi-candidate elections. 32 53. On December 8, 2004, the National Congress issued Resolution No. R-25-181, terminating the entire Supreme Court of Justice in the following terms: TO TERMINATE the functions of the justices 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 Constitution in force; and TO APPOINT, in their stead, the jurists identified below, who will take oath before the Second Vice President of the National Congress, will 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 Judicature shall be restructured and it shall submit, to the National Congress, shortlists of three names for electing the Minister Prosecutor General of the Nation, the Superior Courts of Justice, and the provincial prosecutors. This resolution shall enter into effect immediately, irrespective of its publication in the Official Register. 33 54. 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 officers and members of agencies appointed by the National Congress and the Comptroller General of the State appointed 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 justices of the Supreme Court were appointed by the National Congress under the 16th Transitory Provision of the previous Constitution of the Republic, published in the supplement to Official Register No. 142 of September 1, 1997, and so are currently under an expired mandate for not having resigned in January 2003; 29 The article reads as follows: “During recess periods, the President of Congress or the President of the Republic may convene special sessions of the National Congress, to address exclusively the specific matters indicated in the convocation. The President of the National Congress may also convene such special sessions at the request of two-thirds of its members.” 30 The article reads as follows: “The following shall be the powers and duties of the President of the Republic: (…) 8. Convene the National Congress for special periods of sessions. The convocation shall indicate the specific matters to be examined during those sessions.” 31 The article reads as follows: “The President of the National Congress, the President of the Republic, or two-thirds of the members of Congress may call for special periods of sessions. Such convocations shall be made by means of publication in the largest selling newspapers in the country, with at least twenty-four hours notice. When Congress is convened for a special session, it shall abide by the same rules established for its regular periods and it shall not elect new officers.” 32 Annex 15. Transcription of the recording of the regular permanent morning session of the National Congress of December 8, 2004. Deed 24-001-IV. (Annex to petitioners’ submission, received on May 24, 2007.) 33 Annex 16. Resolution No. R-25-181 of the National Congress, dated December 8, 2004. Included in Official Register No. 485, dated December 20, 2004. (Annex to the initial petition received on December 30, 2004.)