proposed on each slate individually.50 In this context, the Speaker proposed as a prior
motion, to be approved by a simple majority, a consultation concerning whether the “the
election of members of the Constitutional Tribunal should be […] held by the “single list”
procedure.”51 The result of the vote was 53 of the 95 members of Congress present in
favor.52 Consequently, the vote was held on the candidates proposed on the slates, by a
“single-list” vote;53 in other words, by “a single vote for the first names on the slates and
their alternates or substitutes.”54 Congress approved the “motion on the incorporation of the
individuals representing the different entities on the Constitutional Tribunal” with 60 of the
97 members present in favor.55
54.
All the members of the Constitutional Tribunal were sworn in before the Speaker of
the National Congress on March 24, 2003.56
B.
The termination of the members of the Constitutional Tribunal owing to the
presumed illegality of the way they were appointed during the session of
November 25, 2003
55.
On November 9, 2004, in the National Congress, the parties opposing the
Government prepared the impeachment of the President of the Republic for the offense of
embezzlement.57 To counteract this action, the evidence in the case file, which was not
disputed by the State, indicates that the Government was able to put together a
parliamentary majority and entered into political agreements with, among others, the
Ecuadorian Roldosista Party (PRE).58 The leader of the PRE, the former President of the
50
Cf. National Congress Record No. 24-031 of March 19, 2003 (file of annexes to the report, tome I, folios
33 to 53) and Affidavit prepared by Simón Zavala (merits file, tome III, folio 1236).
51
54).
52
54).
Cf. National Congress Record No. 24-031 of March 19, 2003 (file of annexes to the report, tome I, folio
Cf. National Congress Record No. 24-031 of March 19, 2003 (file of annexes to the report, tome I, folio
53
Cf. National Congress Record No. 24-031 of March 19, 2003 (file of annexes to the report, tome I, folios
54 and 55).
54
Affidavit prepared by Simón Zavala (merits file, tome III, folio 1236).
55
Cf. National Congress Record No. 24-031 of March 19, 2003 (file of annexes to the report, tome I, folios
68 and 69).
56
to 29).
Cf. National Congress, Record of swearing in of the judges (file of annexes to the report, tome I, folios 8
57
Cf. Newspaper articles: “Juicio político divide el Congreso” [Impeachment divides Congress] in Hoy of
November 5, 2004 (file of annexes to the report, tome III, folio 1125); “Primer asalto para el Gobierno” [First
attack on the Government] in Hoy of November 10, 2004 (file of annexes to the report, tome III, folio 1128);
“Inicio de juicio, cuestión de horas” [Start of trial, a matter of hours] in Hoy of November 4, 2004 (file of annexes
to the report, tome III, folio 1124); “Llevaré a juicio a un dictadorzuelo” [Aspiring dictator brought to trial] in Hoy
of November 5, 2004 (file of annexes to the report, tome III, folio 1125), and “Gobierno ‘vira’ diputados y ‘anula’
juicio” [Government ‘turns around’ members of Congress and ‘annuls��� trial], in Hoy of November 10, 2004 (file of
annexes to the merits, tome III, folio 1126).
58
Cf. Newspaper articles: “‘Ximenazo’ salva la cabeza de Gutiérrez” [‘Ximenazo’ saves Gutiérrez’s
head]; “Primer asalto para el Gobierno” [First attack on the Government] and “El verdadero triunfo es el retorno de
Bucaram” [Real triumph is return of Bucaram] in Hoy of November 10 and 11 (file of annexes to the report, tome
III, folios 1127 and 1128); “Buscan reestructurar TC” [Seeking to restructure the CT] in El Telégrafo of November
23, 2004 (file of annexes to the report, tome III, folio 1129); “Gobierno busca reestructurar el TC” [Government
seeking to restructure CT] in La Hora of November 23, 2004 (file of annexes to the report, tome III, folio 1130);
“El oficialismo quiere controlar el Congreso” [Ruling party seeks to control Congress] in Expreso de Guayaquil of
November 25, 2004 (file of annexes to the report, tome III, folio 1132); “Mayoría reestructuró la integración del TC
and TSE” [Majority restructured composition of CT and SET] and “Mayoría no logró censurar a los ex vocales del
TC” [Majority unable to censure former CT members] in El Universo of November 26 and December 3, 2004 (file of
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