Considering: That the people of Ecuador are unanimous in demanding the end of the situation of institutional chaos prevailing in the public institutions; That the titular members of the Constitutional Tribunal and their alternates were appointed in an illegal manner; […] That it is the institutional duty of the National Congress to comply with and to enforce the Constitution of the Republic and the laws, and In exercise of its constitutional and legal authority, Resolves: 1. To declare that the titular members of the Constitutional Tribunal and their alternates were appointed in an illegal manner and to proceed to appoint them pursuant to the provisions of the Constitution of the Republic and the law, from the names provided on the slates duly received by the National Congress To designate the two titular members of the Constitutional Tribunal and their alternates that the National Congress must appoint directly. Those appointed must be sworn in before the Speaker and/or either of the Deputy Speakers of the National Congress and shall remain in office until they are legally replaced in January 2007. […] 3. This resolution shall enter into force immediately, without prejudice to its publication in the official gazette.”69 63. Thus, the 18 members of the Constitutional Tribunal (9 titular members and 9 alternate members), including the presumed victims in this case, were removed from office. 64. Furthermore, the National Congress issued Resolutions Nos. R-25-161, 162, 163, 164, 165, 166, 167, 168 and 169, by which it appointed – based on the 2003 slates: from the slates provided by the President of the Republic and by the Supreme Court of Justice, 4 titular members and 4 alternate members of the Constitutional Tribunal. It also appointed 1 titular member and 1 alternate member of the Constitutional Tribunal from the slate provided by the mayors and provincial prefects, 1 titular member and 1 alternate member of the Constitutional Tribunal from the slate provided by labor confederations and indigenous and peasant organizations, and 1 titular member and 1 alternate member of the Constitutional Tribunal from the slate provided by the manufacturing chambers. In these resolutions, the National Congress cited articles 130(11) and 275 of the Constitution of the Republic.70 In addition, it established that the new members should be sworn in the following day.71 65. The members of the Constitutional Tribunal who had been removed were not notified before the session, or heard during the session.72 69 Cf. National Congress, Resolution No. R-25-160 of November 25, 2004 (file of annexes to the report, tome I, folios 80 and 81). 70 Cf. National Congress, Resolutions Nos. R-25-161, R-25-162, R-25-163, R-25-164, R-25-165, R-25-166, R-25-167, R-25-168 and R-25-169 of November 25, 2004 (file of annexes to the report, tome I, folios 81 to 83). 71 Cf. National Congress Record No. 24-323 of November 25, 2004 (file of annexes to the report, tome II, folio 589). 72 Cf. National Congress Record No. 24-323 of November 25, 2004 (file of annexes to the report, tome I, folios 347 and 348); Affidavit prepared by Manuel Jaramillo Córdova on March 6, 2013 (merits file, tome III, folio 1302); Affidavit prepared by Jaime Nogales Izurieta on March 4, 2013 (merits file, tome III, folio 1321), and Affidavit prepared by Mauro Terán Cevallos on March 6, 2013 (merits file, tome III, folio 1314). 22

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