18 Congress would appoint the members of the Court for the last time, the Congress arrogated to itself that double power in December 2004. 54 70. In that same report, the Rapporteur said that “the events described above have led to serious unrest in the country, which threatens to worsen if the normal working of the institutions is not restored.” 55 Consequently, the Rapporteur formulated the following recommendations: It is vital and urgently necessary to secure the full restoration of the rule of law. (…) The country should immediately arrive at a formula to govern the appointment of a Supreme Court which will include the following elements: a) b) c) d) Independence of judges; Co-optation, as a guarantee that there will be no external interference in the future composition of the Court; A system for the election of judges which will guarantee their suitability and probity; Machinery to ensure transparency in the selection of judges and enable members of the public to be aware of the candidates and express their opinions about them. 56 71. On April 26, 2005, Congress adopted an amendment to the Organic Law of the Judicial Branch in order to “permit the restructuring of the Supreme Court of Justice.” 57 The new Organic Law of the Judicial Branch established an ad hoc mechanism for overseeing the process of assessing and appointing the new justices of the Supreme Court and their deputies. This ad hoc mechanism entailed the creation of a Qualifying Committee to “compensate for the impossibility of implementing the constitutional clause dealing with the principle of cooptation because of the nonexistence of the agency empowered to carry it out” 58 – in other words, the Supreme Court of Justice itself. 72. It should be noted that after the approval of the rules of procedure of the Qualifying Committee, the United Nations Rapporteur on the independence of judges and lawyers noted his concern regarding the fact that some of the provisions “would entail violations of certain constitutional provisions and the international standards governing the exercise of the legal profession.” The Rapporteur said that there could be an impact on the “free practice of the legal profession and the right of defence, including principles such as non-discrimination and nonidentification of lawyers with their clients.” 59 54 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.) 55 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.) 56 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.) 57 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.) 58 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.) 59 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.)