15
60.
In four of these cases, legislator Luis Fernando Almeida Morán came forth
spontaneously requesting “the immediate revocation of the order accepting the processing of the
amparo action … and disqualify itself from continuing to hear the action proposed, forwarding the
record to the Constitutional Court, lest its conduct be found to be immersed in criminal offense Title
III, Chapter VI. On Prevarication. Articles 277 ff. of the Criminal Code.” 32 In particular, in the case
brought by Oswaldo Cevallos Bueno, legislator Almeida indicated in his presentation: “Your Honor, I
warn you that if you continue to process and hear the constitutional amparo action brought by Mr.
Oswaldo Cevallos Bueno, former judge of the Constitutional Court, and do not heed my request, I
will bring the criminal actions to which I am entitled since I am an affected party, and I will ask that
the respective criminal proceeding be initiated, and that an order for prevention detention be issued
against you.” 33
F.
Call to special sessions and new vote with respect to the impeachment of the former
judges of the Constitutional Court. Resolution of termination of the Judges of the
Supreme Court of Justice.
61.
On December 5, 2004, President of the Republic Lucio Gutiérrez Borbúa called for
Congress to meet in a special session. Citing Articles 133 34 and 171.8 35 of the Constitution and
Article 6 36 of the Organic Law of the Legislative Branch, the call was made in the following terms:
Sole Article. The Honorable National Congress is called to meet in a special session on
Wednesday, December 8, 2004, at 11:00 a.m., to hear and resolve the following matters: (1)
Voting in the impeachment of the former members of the Constitutional Court. (2) Analysis of
a resolution on the constitutional and legal situation of the judicial branch; and (3) Voting on
the amendment to the Organic Elections Law dealing with the right of proportional
representation of minorities in multi-candidate elections. 37
62.
In the session of December 8, 2004, some legislators indicated that the call to
special sessions by the President of the Republic was unconstitutional given that the impeachment
proceeding had already been conducted 38 and the censure and removal of the judges had been
denied 39 and that, therefore, the call to special sessions constituted meddling in the oversight task
32
Annex 18. Decision of the Tenth Civil Court of Pichincha of December 7, 2004 (annex to the petitioners’ initial petition). Annex
19. Decision of the First Civil Court of Pichincha of December 13, 2004 (annex to the petitioners’ initial petition). Annex 21. Decision of the
Tenth Civil Court of Pichincha of December 15, 2004 (annex to the petitioners’ initial petition).
33
Annex 22. Decision of the Eighth Civil Court of Pichincha of December 15, 2004 (annex to the petitioners’ initial petition).
34
The article reads as follows: “During recess periods, the President of Congress or the President of the Republic may convene special
sessions of the National Congress, to address exclusively the specific matters indicated in the convocation. The President of the National
Congress may also convene such special sessions at the request of two-thirds of its members.”
35
The article reads as follows: “The following shall be the powers and duties of the President of the Republic: (…) 8. Convene the
National Congress for special periods of sessions. The convocation shall indicate the specific matters to be examined during those sessions.”
36
The article reads as follows: “The President of the National Congress, the President of the Republic, or two-thirds of the members of
Congress may call for special periods of sessions. Such convocations shall be made by means of publication in the largest selling newspapers in
the country, with at least twenty-four hours notice. When Congress is convened for a special session, it shall abide by the same rules established
for its regular periods and it shall not elect new officers.”
37
Annex 23. El Universo, December 5, 2005 (annex to the petitioners’ initial petition). Annex 14. Transcription of the recording of
the regular permanent morning session of the National Congress of December 8, 2004. Minutes 24-001-IV (annex to petitioners’ submission,
received on May 15, 2007.)
38
Annex 14. Transcript of the recorded version of the regular permanent morning session of the National Congress corresponding to
December 8, 2004. Minutes 24-001-IV, p. 16 (annex to the petitioners’ brief of May 15, 2007).
39
Annex 14. Transcript of the recorded version of the regular permanent morning session of the National Congress corresponding to
December 8, 2004. Minutes 24-001-IV, p. 17 (annex to the petitioners’ brief of May 15, 2007).