7 IV. PROVEN FACTS A. Background 1. The referendum of April 7, 1997, and the constitutional amendments of July 23, 1997 31. On April 7, 1997, by means of Executive Decree No. 201, the President of the Republic called for a referendum. 6 The referendum dealt with an array of topics. Of relevance to the case at hand was question No. 11, which asked: Do you think it is necessary to modernize the judicial branch, to reform the system for appointing justices of the Supreme Court so they are taken from the judiciary itself; appointments without fixed durations that observe the guidelines of professionalization and the judicial career established by law? 7 32. The consultation on this question returned an affirmative result. On that basis, and as described below, a constitutional provision established the election of Supreme Court justices through the cooptation system and provided them with indefinite tenure in their positions. 33. Thus, on July 23, 1997, the National Congress enacted the amendments to the Constitution of Ecuador. 8 On the requirements to be nominated justice of the Supreme Court, the reforms established: Article 8. Article 128 is replaced by the following: ‘Article 128. To serve as a justice of the Supreme Court of Justice, the following requirements shall be met: a) b) c) d) e) law f) Ecuadorian by birth; In enjoyment of the rights of citizenship; Older than forty-five years of age; In possession of the title of Juris Doctor; Exercise with noted probity of the profession of attorney, judge, or university lecturer in for a minimum period of twenty years; and, Compliance with the other requirements for suitability established by law.’ 34. With respect to the period of office and the mechanism to fulfill vacancies, the reforms established: Article 9. Article 129 is replaced by the following: ‘Article 129. The members of the Supreme Court of Justice shall not be subject to a limited tenure of office. Their termination shall be on the grounds prescribed by the Constitution and by law. 6 Petitioners’ additional comments on the merits, submitted on May 24, 2007. The petitioners refer to Executive Decree No. 201, published in Official Register No. 38 of April 7, 1997. This document is not available to the Commission; however, the State does not dispute the fact. 7 Newspaper article of May 12, 1997. Referred to at: http://www.explored.com.ec/noticias-ecuador/preguntas-de-la-consulta-popular1997-112217-112217.html. 8 Annex 2. Amendments to the Constitution of the Republic of Ecuador, issued on July 23, 1997, published in Official Register No. 120 of July 31, 1997. (Annex to petitioners’ submission, received on May 23, 2006.) This document is incomplete in the case record. The full text may be found at: http://constituyente.asambleanacional.gov.ec/documentos/biblioteca/1978-codificada-en-1997.pdf.