17 This resolution shall enter into effect immediately, irrespective of its publication in the Official Register. 48 G. Events following the terminations at the Ecuadorian high courts 65. The terminations at the Supreme Electoral Tribunal, the Constitutional Court, and the Supreme Court of Justice triggered a political and social crisis marked by institutional instability. 49 66. In its preliminary report of March 29, 2005, on the mission to Ecuador, the United Nations Special Rapporteur on the independence of judges and lawyers, Leandro Despouy, referred to the termination of the Supreme Electoral Tribunal, the Constitutional Court, and the Supreme Court of Justice. 50 As regards the Constitutional Court, the Rapporteur found that various irregularities have been recorded, both in the dismissal of the former judges and in the appointment of their successors…. The Special Rapporteur is all the more concerned since the Constitutional Court is competent to make final judgements on matters relating to human rights and fundamental guarantees set out in the Constitution and in international agreements which Ecuador has signed. 51 67. In addition, said Rapporteur indicated: “It is vital and urgently necessary to secure the full restoration of the rule of law.” More specifically, he noted that “the country should immediately arrive at a formula to govern the appointment of a Supreme Court which will include,” among other elements, the independence of justice and a system of selection that ensures aptitude and probity. Moreover, he was of the view that: “Once an independent, efficient and transparent Supreme Court has been established in this way, it will be necessary – in addition to settling the issues raised concerning the Constitutional Court and the Supreme Electoral Court” – to introduce major reforms to the legislative framework that applies to the judicial function and the judicial career service. 52 68. Subsequently, in his report, commenting on the Constitutional Court, the Rapporteur: observes that the National Congress has adopted a decision similar to the one taken regarding the Supreme Court, which was illegally dismissed in late 2004: it reversed the decision of 25 November 2004 whereby it had appointed a new Constitutional Court, but did not order the reinstatement of the members who had been removed under that decision. The Special Rapporteur is concerned to note that, in the absence of a Supreme Court, which is responsible for proposing a shortlist of candidates, it is impossible to appoint the members of the Constitutional Court. As a result, the country is bereft of its highest authority for ruling on matters relating to human rights and constitutional guarantees, raising constitutional 48 Annex 9. Resolution No. R-25-181 of the National Congress, dated December 8, 2004. Included in Official Register No. 485, dated December 20, 2004. (Annex to the initial petition) 49 Annex 24. Report of the Special Rapporteur on the independence of judges and lawyers, Leandro Despouy, E/CN.4/2005/60/Add.4, Preliminary Report on the Mission to Ecuador, March 29, 2005. (Annex to the petitioners’ submission, presented at the hearing held before the IACHR on March 13, 2006.) See also: Statement of Hugo Quintana Coello, given on May 14, 2007, to the 23rd Notary of the canton of Quito. (Annex to petitioners’ submission, received on May 24, 2007.) 50 Annex 25. Report of the Special Rapporteur on the independence of judges and lawyers, Leandro Despouy. A/60/321. Civil and political rights, including the questions of independence of the judiciary, administration of justice, impunity. August 31, 2005 (annex to the petitioners’ brief submitted during the hearing held before the IACHR on March 13, 2006). 51 Annex 24. Report of the Special Rapporteur on the independence of judges and lawyers, Leandro Despouy. E/CN.4/2005/60/Add.4. Preliminary report on the mission to Ecuador. March 29, 2005, para. 3(b) (annex to the petitioners’ brief submitted during the hearing held before the IACHR on March 13, 2006). 52 Annex 24. Report of the Special Rapporteur on the independence of judges and lawyers, Leandro Despouy. E/CN.4/2005/60/Add.4. Preliminary report on the mission to Ecuador. March 29, 2005, paras. 5, 6 (annex to the petitioners’ brief submitted during the hearing held before the IACHR on March 13, 2006).