Republic, Abdalá Bucaram Ortíz, sought the annulment of several criminal trials that were
being processed before the Supreme Court of Justice, based on which there was an order
for his arrest and he was a fugitive from justice in Panama.59
56.
On November 23, 2004, the President of the Republic, Lucio Gutiérrez, announced
the Government’s intention of submitting to Congress a proposal for the reorganization of
the Constitutional Tribunal, the Supreme Electoral Tribunal, and the Supreme Court of
Justice.60
57.
On November 24, 2004, the Constitutional Tribunal issued and published a press
communiqué in which it stated that “[t]he members of the Tribunal [were] ready to respond
for any acts or omissions in the exercise of [their] functions by means of the constitutional
procedure, namely impeachment; any other procedure w[ould] not be in keeping with the
constitutional norms and, consequently, would violate the Constitution.”61 In this
communiqué they added that “[i]f the members of the Constitutional Tribunal should be
removed by a simple decision, this would violate the social state based on the rule of law.”62
58.
On November 25, 2004, a session of the National Congress was held. The agenda for
this session indicated: “1. Continuation of the nominal vote on the admissibility of appeals
to the Speaker of the National Congress. 2. Debate and decision on the motion of
annexes to the report, tome III, folios 1133 and 1164); “Lo que se está negociando en el Parlamento” [What is
being negotiated in Parliament] in Expreso de Guayaquil of November 26, 2004 (file of annexes to the report, tome
III, folio 1135), “Mayoría consiguió nombrar a II Vicepresidente y reorganizar al TC” [Majority able to name second
Vice President and reorganize CT], and “Mayoría busca ampliar espacios de negociación” [Majority seeks to expand
negotiating mechanisms] in El Telégrafo of November 26 and 27, 2004 (file of annexes to the report, tome III,
folios 1136 and 1139).
59
Cf. Witness Wilfrido Lucero testified that “[u]ndoubtedly, we were in the presence of a significant political
maneuver. The fact that a parliamentary majority had been created was undisputed; the problem was that this
majority was created to violate the Constitution and achieve the Government’s political interests, such as avoiding
the impeachment of President Gutiérrez and eliminating the Supreme Court of Justice […] in order to annul a
criminal proceeding against President Abdalá Bucarám.” Affidavit prepared by witness Lucero Bolaños on May 13,
2013 (merits file, tome III, folio 1369). Also, witness Torres stated that “[a]s soon as the members of the
[Constitutional Tribunal] and the justices of the [Supreme Court of Justice] had been removed, the new judicial
authorities denied any possibility of declaring the unconstitutionality of the arbitrary actions perpetrated by
Congress, the trial of President Bucaram was annulled and he returned to the country and, finally, all the courts
and even the President of the Republic had to resign and the latter even had to leave the country.” Testimony of
witness Torres Torres (merits file, tome III, folio 1365). “El poder de Bucaram se afinca en el Parlamento”
[Bucaram’s authority installed in Parliament] in El Comercio of January 6, 2005 (file of annexes to the report, tome
III, folio 1145); “TC se mantiene en el debate por Bucaram” [CT continues debate over Bucaram] in El Universo of
November 29, 2004 (file of annexes to the report, tome I, folio 1207); “El verdadero triunfo es el retorno de
Bucaram” [Real triumph is the return of Bucaram] in Hoy, November 10, 2004 (file of annexes to the merits, tome
III, folio 1128), and “Oposición desacelera a gobiernistas” [Opposition slows down governing party] in El Universo
of November 25, 2004 (file of annexes to the report, tome VIII, folio 3429).
60
Cf. Newspaper articles “Buscan reestructurar TC” [Seeking to restructure VT] in El Telégrafo of November
23, 2004 (file of annexes to the report, tome III, folio 1129); “Gobierno busca reestructurar el TC” [Government
seeks to restructure CT] in La Hora of November 23, 2004 (file of annexes to the report, tome III, folio 1130); “La
Corte y el Tribunal Constitucional piden respecto a la Carta Magna vigente” [The Court and the Constitutional
Tribunal demand respect for the actual Constitution] and “El oficialismo quiere controlar el Congreso” [The official
party seeks to control Congress] in Expreso de Guayaquil of November 25, 2004 (file of annexes to the report,
tome III, folios 1131, 1132).
61
Cf. Press communiqué of the Constitutional Tribunal in La Hora entitled “From the Constitutional Tribunal
to the Country” of November 24, 2004 (file of annexes to the report, tome I, folio 74).
62
Cf. Press communiqué of the Constitutional Tribunal in La Hora entitled “From the Constitutional Tribunal
to the Country” of November 24, 2004 (file of annexes to the report, tome I, folio 74).
20