d) A vote was not held on the motion of censure (B) tabled by congressman Antonio Posso Salgado on June 21, 2004, in relation to the fourteenth salary, because the congressman considered it inopportune to hold another vote on the same issue that had been rejected owing to the failure to adopt the first motion of censure of congressman Serrano,111 and e) The motions of censure presented by congressman Serrano (E) and congressman Posso (F) were joindered, and voted on together. 112 These motions were not approved, because they did not obtain the necessary votes.113 88. Therefore, and based on the above, the certification of the results of the voting on the motions of censure during the session of December 1, 2004, indicated that “none of the motions of censure tabled were approved.”114 5. The vote on the motions of censure during the session of December 8, 2004 89. On December 5, 2004, the President of the Republic at the time, Lucio Gutiérrez Borbúa, called a special session of the National Congress, citing articles 133115 and 171(8)116 of the Constitution, and article 6117 of the Organic Law of the Legislative Function, issuing the convocation as follows: Single article. The National Congress is summoned to a special session on Wednesday, December 8, 2004, at 11 a.m. to hear and decide the following matters: 1. Vote in the impeachment proceeding against the former members of the Constitutional Tribunal; 2. Analysis of the decision on the legal and constitutional situation of the Judiciary, and 3. Vote on the amendment of the Organic Law on Elections related to the right of proportional representation of minorities in multiperson elections.118 111 Congressman Posso Salgado indicated that members of Congress should “be practical; [they should] not hold another vote on the same issue; [it was] clear, Congress had already issued a ruling on the matter. The logical procedure now [was] to vote on the spirit of the other element relating to the D’Hondt method.” National Congress Record No. 24-326 of December 1, 2004 (file of annexes to the report, tome III, folio 1037). 112 On this point, congressman Posso Salgado proposed to hold “a single additional vote,” which the Speaker of the National Congress accepted by stating that “this initiative [was] in order; it refer[red] to the same issue raised by congressmen Posso and Serrano. Consequently, one more vote and the session [would] conclude.” National Congress Record No. 24-326 of December 1, 2004 (file of annexes to the report, tome III, folio 1037). 113 The result of the vote was as follows: “50 votes in favor, 20 against, 7 abstentions. Valid votes: 70. […] the motion is rejected because there are insufficient valid votes; […] there are not the 51 votes required to approve the motion of censure. Therefore, it is rejected; the session is closed.” National Congress Record, 24-326, session of December 1, 2004 (file of annexes to the report, tome III, folio 1055). In this regard, it should be pointed out that, according to article 95 of the 1992 Organic Law of the Legislative Function it was necessary to obtain the affirmative vote of the absolute majority of the members of Congress; that is, at least 51 votes, in order to approve the motion of censure. National Congress Record No. 24-326 of December 1, 2004 (file of annexes to the answering brief, tome I, folio 3640). 114 Cf. National Congress, Certification of the Secretary General of the National Congress issued on December 2, 2004, Note No. 371-HAV-CN-2004 (file of annexes to the report, tome II, folio 647). 115 The text of the article is as follows: “During recesses, the Speaker of Congress or the President of the Republic may summon members to special sessions of the National Congress to examine, exclusively, the specific matters indicated in the summons. The Speaker of the National Congress may also summon these special sessions at the request of two-thirds of the members.” National Congress Record No. 24-001-IV of December 8, 2004 (merits file, tome II, folio 585). 116 The text of the article is as follows: “The President of the Republic shall have the following powers and duties: […] 8. To call a special session of the National Congress. The summons shall determine the specific matters to be examined during such sessions.” National Congress Record No. 24-001-IV of December 8, 2004 (merits file, tome II, folio 585). 117 Cf. National Congress Record No. 24-001-IV of December 8, 2004 (merits file, tome II, folio 585). 118 Cf. National Congress Record No. 24-001-IV of December 8, 2004 (merits file, tome II, folios 584 and 585). 30