90.
On December 14, 2004, nineteen of the alleged victims lodged a complaint with the
Court of Honor of the Pichincha Bar Association, 146 calling on the Pichincha Bar Association
to prosecute and punish those lawyers who had accepted appointments as new judges of
the Supreme Court, by suspending their exercise of the profession. 147 On March 29, 2005
the Court of Honor of the Pichincha Bar Association stated that “although […] it was[s] not
competent to assess and judge the legislative actions of the National Congress, in order to
determine the existence or otherwise of the alleged violations, it [was] necessary to analyze
whether the Legislative Branch was legally empowered to dismiss the applicants and to
appoint, by means of a resolution, the respondents as judges of the Supreme Court.” 148 On
this point, the Court of Honor of the Pichincha Bar Association decided to sanction the
lawyers who had accepted the position and had taken office. 149
2.
Events following the dismissals at Ecuador’s High Courts
91.
The dismissal of members of the Supreme Electoral Tribunal, the Constitutional Court
and the Supreme Court of Justice, triggered a political and social crisis marked by
institutional instability. 150 In January 2005 a wave of protests began against the national
government, which was considered to have acted in violation of the Constitution and the
Rule of Law. 151
92.
Once installed, the new Supreme Court of Justice adopted a number of decisions with
major political impact. 152 Among those decisions were the annulments of the criminal
proceedings against former Presidents Abdalá Bucaram and Gustavo Noboa, and against
former Vice-president Alberto Dahik. 153
146
In this regard, the representatives explained that “[t]he Courts of Honor belong to the bar associations and
both are subject to private law. Their operation is governed by the Lawyers’ Federation Law and they rule on the
professional conduct of a member of the Association. These courts can impose sanctions ranging from a verbal
reprimand to temporary loss of membership rights” Cf. Ruling of the Court of Honor of the Pichincha Bar Association
March 29, 2005 (File of attachments to the report, volume II, page 497).
147
Cf. Ruling of the Court of Honor of the Pichincha Bar Association March 29, 2005 (File of attachments to the
report, volume II, page 497).
148
Cf. Ruling of the Court of Honor of the Pichincha Bar Association March 29, 2005 (File of attachments to the
report, volume II, page 503).
149
Cf. Ruling of the Court of Honor of the Pichincha Bar Association March 29, 2005 (File of attachments to the
report, volume II, page 506).
150
Cf. Report of the Special Rapporteur on the independence of judges and lawyers of August 31, 2005 (File of
attachments to the report, volume II, page 525), and Affidavit rendered by expert witness Ruiz Acosta on January
29, 2013 (Merits file, volume III, page 1221).
151
Report of the Special Rapporteur on the independence of judges and lawyers of August 31, 2005 (File of
attachments to the report, volume II, page 5249); Affidavit rendered by expert witness Ruiz Acosta on January
29, 2013 (Merits file, volume III, page 1220); Press reports in “El Universo” newspaper entitled “Monsignor Luna
Tobar firm on street protests” on January 5, 2005 (File of attachments to the report, volume III, page 731), “Civic
Convergence for Democracy established yesterday” on January 5, 2005 (File of attachments to the report, volume
III, page 732), “Civic Convergence demands constitutional order” on January 7, 2005 (File of attachments to the
report, volume III, page 735), and press reports in “El Comercio” newspaper entitled “Quito: marches and
repression” (File of attachments to the report, volume VII, page 2095), and “Protests outside the Court heat up”
on January 31, 2005 (File of attachments to the report, volume VII, page 2096).
152
Cf. Report of the Special Rapporteur on the independence of judges and lawyers of August 31, 2005 (File of
attachments to the report, volume II, page 525), and Affidavit rendered by expert witness Ruiz Acosta on January
29, 2013 (Merits file, volume III, page 1229).
153
Cf. Report of the Special Rapporteur on the independence of judges and lawyers of August 31, 2005 (File of
attachments to the report, volume II, page 524), and Affidavit rendered by expert witness Ruiz Acosta on January
29, 2013 (Merits file, volume III, page 1221).
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