16
In interpreting the transitory provision, the deputies abided by Article 173 of the Organic Law
of the Judicial Branch without taking account of Article 272 of the Constitution of the
Republic, which provides that all organic laws, ordinary laws, and resolutions must abide by
its provisions and shall be void of effect if they contradict or alter its terms. The Constitution
was amended when a majority of the Ecuadorian people stipulated, in the 1997 referendum,
that the justices of the Supreme Court ‘shall not be subject to a fixed term in office,’ and that
mandate was enshrined in Article 202 of the Constitution.
(…)
It can be held that there was a violation of the Constitution in Resolution No. 25-191 of
December 2004, that said action caused a de facto situation, and that abiding by such
violations either as the adopter or beneficiary of the decision means a breakdown in the
constitutional order, which is prohibited to all those who believe that the best political system
is democracy. 43
61.
In consideration whereof, the Court of Honor of the Pichincha Bar Association
resolved to sanction those jurists who accepted and assumed the office. 44
C.
Events following the terminations at the Ecuadorian high courts
62.
The terminations at the Supreme Electoral Tribunal, the Constitutional Court, and the
Supreme Court of Justice triggered a political and social crisis marked by institutional instability. 45
63.
Once installed, the new Supreme Court of Justice – called de facto by several
sectors of Ecuadorian society – adopted a series of decisions with major political impact. Among
those decisions were the annulments of the proceedings against former Presidents of the Republic
Abdalá Bucaram and Gustavo Noboa, and against former Vice President Alberto Dahik. 46
64.
As noted by the United Nations Rapporteur on the independence of judges and
lawyers after his visit to Ecuador on July 11 to 15, 2005, those decisions “aggravated the social
and political tensions in the country, and the crisis spread to all institutions.” 47
65.
In that context, on April 15, 2005, President of the Republic Lucio Gutiérrez issued
Executive Decree No. 2752, dismissing the Supreme Court of Justice elected on December 8,
2004. The grounds cited in the Decree included the following: “The National Congress has to date
not resolved the termination of the current Supreme Court of Justice, which is creating severe
domestic unrest (…) it is therefore vital to obey the pronouncements of the citizens of Quito and of
43
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.)
44
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.)
45
Annex 19. Report of the Special Rapporteur on the independence of judges and lawyers, Leandro Despouy, E/CN.4/2005/60/Add.4,
Preliminary Report on the Mission to Ecuador, March 29, 2005. (Annex to the petitioners’ submission, presented at the hearing held before the
IACHR on March 13, 2006.) See also: 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.)
46
Annex 19. Report of the Special Rapporteur on the independence of judges and lawyers, Leandro Despouy, E/CN.4/2005/60/Add.4,
Preliminary Report on the Mission to Ecuador, March 29, 2005. (Annex to the petitioners’ submission, presented at the hearing held before the
IACHR on March 13, 2006.)
47
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.) See also: Annex 19. Report of the Special
Rapporteur on the independence of judges and lawyers, Leandro Despouy, E/CN.4/2005/60/Add.4, Preliminary Report on the Mission to
Ecuador, March 29, 2005. (Annex to the petitioners’ submission, presented at the hearing held before the IACHR on March 13, 2006.)