51.
The nine members and their alternates were elected by the National Congress. This
election was held so that seven of the nine members of the Constitutional Tribunal were
elected from slates proposed by different State authorities and the other two were
appointed directly by Congress.46 The appointments corresponding to Congress, which did
not result from a slate, were made on January 9, 2003, and corresponded to Enrique
Herrería Bonnet and Oswaldo Cevallos Bueno. Manuel Jaramillo Córdova was appointed as
the alternate for Judge Cevallos.47
52.
Subsequently, on March 19, 2003, based on the different slates proposed, Congress
appointed Milton Burbano and Simón Zabala Guzmán (from the slate presented by the
President of the Republic), René de la Torre and Miguel Camba Campos (from the slate
presented by the Supreme Court), Jaime Nogales (from the slate presented by the mayors
and provincial prefects), Mauro Terán Cevallos (from the slate presented by the labor
confederations and indigenous organizations) and Luis Rojas Bajaña (from the slate
presented by the manufacturing chambers) as the titular judges of the Constitutional
Tribunal.48
53.
With the exception of the appointment of judges Herrería and Cevallos, the members
were chosen by a “single list” (en plancha) election; in other words, without voting on each
proposed slate, but rather by the approval of a single list. 49 The use of this method gave
rise to some discussion during the election. During the regular session of March 19, 2003,
some members of Congress maintained that the vote should have been held “name by
name on each slate”; others considered that the initial selection and proposal made by one
of the members of Congress should be “voted by single list” without discussing the persons
2. To hear and decide on the unconstitutionality of the administrative acts of all public authorities. The
declaration of unconstitutionality shall result in the annulment of the act, without prejudice to the
administrative organ adopting the necessary measures to preserve respect for the constitutional norms.
3. To examine decisions that deny habeas corpus, habeas corpus data, and amparo, and cases of appeal
established in the action for amparo.
4. To rule on objections of unconstitutionality by the President of the Republic, in the law drafting process.
5. To rule on conformity with the Constitution, and international treaties and conventions prior to their
approval by the National Congress.
6. To decide disputes concerning competence or attributes assigned by the Constitution.
7. To exercise the other attributes conferred on it by the Constitution and the laws. The decisions of the
Judiciary shall not be susceptible to control by the Constitutional Tribunal.
46
Cf. Article 275 of the Constitution of the Republic of Ecuador of August 11, 1998 (file of annexes to the
answering brief, tome I, folio 3707).
47
folio 4).
Cf. National Congress Resolution No. R-24-016 of January 9 2003 (file of annexes to the report, tome I,
48
Cf. National Congress Resolution No. R-24-054 of March 19, 2003 (file of annexes to the report, tome I,
folios 6 and 7).
49
According to the representatives, the “single list” (por plancha) election is “a common exception in the
Ecuadorian political sphere and consists in the practice of voting for a whole list instead of selecting candidates
from several lists for election to office. In multi-person elections in Ecuador, it is possible to choose candidates
from several lists (party or political movement) to occupy collegiate bodies. For example, if five members of the
provincial Assembly must be elected in a province, each list must register five candidates and, if there are two lists,
the elector may select four candidates from one list and one from the other; three candidates from one and two
from the other; or vote ‘by single list’; in other words elect the five candidates from the same list. This popular
expression was used in the National Congress in 2003 to indicate that the judges were elected in a single act
instead of being chosen one by one.” Final written arguments of the representatives of the presumed victims
(merits file, tome IV, folios 1791 and 1792).
18