16
assigned exclusively to the National Congress. 40 In particular, it was argued that the impeachment
proceeding is a permanent session that concludes with the legislators’ vote, that the mechanism for
reviewing the decision adopted on December 1 was reconsideration (reconsideración) and that as it
did not happen in timely fashion, a new vote of impeachment would constitute a violation of the
principle of res judicata. 41
63.
For their part, some legislators who voted for the censure of some of the judges
terminated in the December 1 session understood that considering the failure to adopt a resolution
with respect to the impeachment by Resolution No. 0004-2003-TC “it is totally relevant to take a
vote once again” 42 and that with respect to the second motion of censure by Resolution No. 0252003-TC it was not appropriate to have brought together the motions for voting, accordingly there
was no identity of the persons accused, insofar as the accusation by legislator Antonio Posso did
not include Oswaldo Cevallos. 43 In this way, as a preliminary motion and by simple majority, a vote
was called on “whether one will or will not vote again for the censure motions against the judges of
the Constitutional Court” 44 , with a majority voting in the affirmative. Subsequently, the motion of
censure presented by legislator Segundo Serrano on May 31, 2004 was read, and there was a call
to vote on it, “the debate having culminated, and that being the mandate expressed by the
Plenary.” 45 The vote culminated with 57 votes in favor of censure of the “former judges of the
Constitutional Court.” 46 Then the motion of censure on the same matter, drawn up by legislator
Antonio Posso was read out. The vote culminated with 56 votes in favor of the censure motion. 47
64.
During that same session, the National Congress issued Resolution No. R-25-181,
terminating the entire Supreme Court of Justice in the following terms:
TO TERMINATE the functions of the justices of the Supreme Court of Justice, and their
respective deputy judges, who failed to resign from office in January 2003, as provided for in
Transitory Provision 25 of the Constitution in force; and TO APPOINT, in their stead, the
jurists identified below, who will take oath before the Second Vice President of the National
Congress, will not be subject to fixed terms for the duration of their office, and shall be
subject to termination on the grounds prescribed by the Constitution and by law:
(…)
Within a period not exceeding fifteen days, the National Council of the Judicature shall be
restructured and it shall submit, to the National Congress, shortlists of three names for
electing the Minister Prosecutor General of the Nation, the Superior Courts of Justice, and the
provincial prosecutors.
40
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. 23 (annex to petitioners’ brief of May 15, 2007).
41
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 (annex to the petitioners’ brief of May 15, 2007).
42
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. 27 (annex to petitioners’ brief of May 15, 2007).
43
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. 28 (annex to petitioners’ brief of May 15, 2007).
44
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. 58 (annex to petitioners’ brief of May 15, 2007).
45
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. 61 (annex to petitioners’ brief of May 15, 2007).
46
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. 70 (annex to petitioners’ brief of May 15, 2007).
47
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. 79 (annex to petitioners’ brief of May 15, 2007).