abandoned his constitutional duties. 164 Pursuant to the constitutional order of succession, Vice President Alfredo Palacio took office as President of the Republic. 165 98. On April 26, 2005, Congress adopted an amendment to the Organic Law of the Judicial Branch. 166 The new Organic Law established an ad hoc mechanism for overseeing the process of assessing and appointing the new justices of the Supreme Court and their deputies. 167 This ad hoc mechanism entailed the creation of a Qualifying Committee “to compensate for the impossibility of implementing the constitutional clause dealing with the principle of cooptation because of the non-existence of the agency empowered to carry it out” 168 - in other words, the Supreme Court of Justice itself. 99. As a result of this situation, Ecuador remained without a Supreme Court of Justice for approximately seven months. 169 100. On November 30, 2007 a National Constituent Assembly was convened for the purpose of drafting the new Constitution of the Republic of Ecuador. The National Constituent Assembly, 170known as “Montecristi Assembly,” confirmed the judges of the 2005 Court in their positions. 101. The new Constitution entered into force on October 20, 2008. 171 It incorporates international human rights instruments as part of the Ecuadorian legal system, granting them constitutional rank. 172 164 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, and page 525). 165 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 statement rendered by witness Ayala Mora on January 31, 2013 (Merits file, volume III, page 1286). 166 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). 167 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). 168 Report of the Special Rapporteur regarding the independence of judges and lawyers of August 31, 2005 (File of attachments to the report, volume II, page 525). 169 Cf. Affidavit rendered by Mr. Quintana Coello of May 14, 2007 (File of attachments to the report, volume I, page 119). In this regard, Mr. Donoso Castellón, stated: “[…] those are the facts that took place and that’s why I know that the Court could not last [.] Ecuador was without a Supreme Court for seven months and, as I mentioned before, Congress tried in some way to restore the constitutional order.” Statement rendered by Mr. Donoso Castellón at the public hearing before the Inter-American Court. 170 In this regard, expert witness Trujillo stated that “the Assembly of 2008 [...] was the result of a popular referendum approved by 81% […], the Constituent Assembly of 2008, was open to society, with 1632 proposals submitted in writing, the Assembly received 70,000 proposals, there [were] three citizens’ oversight committees, all this reflected the participation of groups traditionally excluded from Ecuadorian society and, unlike the 1998 Assembly, the draft participatory constitution was submitted to a referendum and approved by 64% of the Ecuadorian population. I believe that the process described shows that between 2007 and 2008 Ecuador began a process to re-found the State, characterized by the following elements: expanding the mechanisms for participation in public administration, implementing rights became the central objective of the Ecuadorian State, participatory distribution of the State’s powers so that these would not remain solely with our country’s established elites, an active role in the construction of the new State for new social actors who have been structurally excluded, the displacement of old regional elites and the inclusion of new social groups in public administration.” Statement rendered by expert witness Trujillo Vásquez at the public hearing before the Inter-American Court. 171 The Final Provision of the Constitution of the Republic of Ecuador states that “this Constitution […] shall enter into force on the day of its publication in the Official Record.” Official Record No. 449 October 20, 2008 (File of attachments to the answer brief, volume I, page 3568). 34