2. Appointment of members of the Supreme Court of Justice 51. In accordance with the transitory provisions, a Qualifying Committee 46 was established, comprised of three parliamentarians and three representatives of civil society, chosen by the nominating bodies. 47 These six members of the Qualifying Committee, in turn, designated a seventh member, not a parliamentarian, as chair of the Committee. 48 In application of the transitory provisions, the Qualifying Committee presented its report to the National Congress on October 1, 1997. 49 52. This report described the proceeding followed for the selection of candidates from among the individuals who met the constitutional requirements. 50 The Qualifying Committee selected 54 candidates, 31 presented by the nominating bodies and 23 nominated by civil society. 51 The proceeding examined the merits and probity of the candidates. As regards their professional merits, career and experience were considered, while to ensure probity, the process included an investigation into their background and any challenges on the part of institutions and citizens. 52 53. The National Congress was required to select 24 judges from the list of candidates put forward by the nominating bodies and seven judges from the list of candidates proposed by civil society. 53 On October 2, 1997 the National Congress appointed the alleged victims to serve as judges of the Supreme Court of Justice. 54 They took office on October 6, 1997. 55 the National Congress”. Constitutional Reforms of July 31, 1997 (File of attachments to the brief of pleadings and motions, volume I, pages 2256 to 2257). 46 Cf. Press article entitled “History of sudden shocks” of July 28, 2011 (File of attachments to brief of pleadings and motions, volume II, page 2777). 47 Cf. Affidavit rendered by Mr. Troya Jaramillo on September 21, 2011 (File of attachments to the brief of arguments and evidence, volume I, page 2702); Affidavit rendered by Mr. Andrade Ubidia on November 16, 2011 (File of attachments to the brief of pleadings and motions, volume I, page 2759), and Affidavit rendered by the witness Vela Puga on January 31, 2013 (Merits file, volume III, page 1325). 48 Cf. Affidavit rendered by Mr. Quintana Coello on September 29, 2011 (File of attachments to the brief of pleadings and motions, volume I, page 2632), and Affidavit rendered by the witness Vela Puga on January 31, 2013 (Merits file, volume III, page 1325). 49 Cf. Report of the Qualifying Committee to the National Congress of October 1, 1997 (File of attachments to the report, volume I, page 105). 50 The procedure was as follows: i) the candidates were first asked to accept their nominations; ii) compliance with the formal requirements established in the Constitution was verified; iii) a press communiqué was issued inviting citizens to comment on or challenge the nominations; iv) the Complaints Commission of the Supreme Court of Justice was asked for information on any offences in judicial functions contained in their case files; information was also requested from the National Council for the Control of Narcotic Drugs and Psychotropic Substances and Interpol; v) a preliminary selection of candidates was made; vi) the Committee then examined any challenges, complaints or objections filed regarding the preliminary selection of candidates; vii) the pre-selected candidates were asked to provide information or documents to clarify any challenges; viii) the Qualifying Committee selected fifty-one of the nominees on the list, and ix) finally the list was submitted to Congress to select the judges from among the nominees. Cf. Report of the Qualifying Committee to the National Congress, October 1, 1997 (File of attachments to the report, volume I, pages 106 to 111). 51 Cf. Report of the Qualifying Committee to the National Congress, October 1, 1997 (File of attachments to the report, volume I, page 111). 52 Cf. Report of the Qualifying Committee to the National Congress, October 1, 1997 (File of attachments to the report, volume I, page 111). 53 Cf. Report of the Qualifying Committee to the National Congress, October 1, 1997 (File of attachments to the report, volume I, page 106 and 111). 54 Cf. Affidavit rendered by Mr. Quintana Coello on May 14, 2007(File of attachments to the report, volume I, page 119). 18

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