14 That the Constitution currently in force does not establish a procedure for electing the 31 justices of the Supreme Court and merely provides, in Article 202, a procedure for appointing a justice when a vacancy arises. That Article 12 of the Organic Law of the Judicial Branch currently in force appoints the National Congress as the authority for nominating the justices of the Supreme Court of Justice; That it is the duty of the State to uphold the democratic system and the administration of justice in the absence of corruption (…). 34 55. After the adoption of this resolution, the national government “recognized that the new justices of the Supreme Court will temporarily discharge their duties until the legislature is able to examine and resolve the mechanism for appointing justices to a new Supreme Court of Justice.” 35 56. Throughout its submissions to the IACHR, the State of Ecuador has acknowledged that this procedure was followed without the involvement of the Supreme Court justices, who were not heard in issuing either the call for a special session or the resolution. 36 57. The justices of the Supreme Court refused to abandon their offices, holding that the National Congress’s resolution “had no legal value.” Consequently, on December 9, 2004, the National Police proceeded to evict the Chief Justice from the Supreme Court building, along with various other justices who were with him at the court’s premises. In addition, other justices and employees were denied entry. 37 That same day, Chief Justice Hugo Quintana Coello was taken to the Metropolitan Hospital for emergency treatment for the effects of tear gas and high blood pressure. 38 Following the police operation, the justices appointed by Congress on December 8, 2004, took office. 2. The complaint lodged with the Court of Honor of the Pichincha Bar Association 58. On December 14, 2004, Hugo Quintana Coello, Teodoro Coello Vásquez, Santiago Andrade Ubidia, José Julio Benítez Astudillo, Galo Galarza Paz, Luis Heredia Moreno, Estuardo Hurtado Larrea, Ángel Lescano Fiallo, Camilo Mena Mena, Galo Pico Mantilla, Rodrigo Varea Avilés, Jaime Velasco Dávila, Miguel Villacís Gómez, Arturo Donoso Castellón, Ernesto Albán Gómez, Hernán Quevedo Terán, Jorge Andrade Lara, Armando Serrano Puig, and Clotario Salinas Montaño lodged a complaint with the Court of Honor of the Pichincha Bar Association. 39 In their filing, they contended that: The National Congress adopted, on Wednesday, December 8 of this year, an unconstitutional and illegal resolution seeking to terminate our functions, currently serving legally as justices of the highest court of law in Ecuador. Subsequently, Congress has proceeded to set up a new, 34 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.) 35 Annex 17. Executive Decree No. 2752 of April 15, 2005, issued by President of the Republic Lucio Gutiérrez Borbúa. (Annex to the petitioners’ submission, presented at the hearing held before the IACHR on March 13, 2006.) 36 Annex 4. Statement of Hugo Quintana Coello, given on May 14, 2007, to the 23rd Notary of the canton of Quito. (Annex to petitioners’ submission, received on May 24, 2007.) 37 Annex 4. Statement of Hugo Quintana Coello, given on May 14, 2007, to the 23rd Notary of the canton of Quito. (Annex to petitioners’ submission, received on May 24, 2007.) 38 Annex 4. Statement of Hugo Quintana Coello, given on May 14, 2007, to the 23rd Notary of the canton of Quito. (Annex to petitioners’ submission, received on May 24, 2007.) 39 Annex 18. Resolution of the Court of Honor of the Pichincha Bar Association, dated March 29, 2005. (Annex to the petitioners’ submission, presented at the hearing held before the IACHR on March 13, 2006.)