3. The Constitution adopted by the National Constituent Assembly in 1998 54. As mentioned previously, the referendum also accepted the creation of a National Constituent Assembly. 56 This Assembly was convened by means of a “Special Law for the Election of Representatives of the National Assembly.” 57 The Assembly approved the new Constitution of the Republic of Ecuador, which was published on August 11, 1998. 58 55. The new Constitution adopted provisions to guarantee judicial independence. 59 First, it established the principle of separation of powers and judicial independence through Article 199. 60 Second, it determined that under public law the public powers could do only what is established in the Constitution 61 and removed the National Congress’ jurisdiction to consider judicial matters. 62 56. Article 129 of the constitutional amendments issued on 23 July, 1997, cited previously, was essentially reproduced in Article 202 of the Constitution adopted by the 55 Cf. Affidavit rendered by Mr. Quintana Coello on May 14, 2007 (File of attachments to the report, volume I, page 119). 56 In his statement, witness Ayala Mora stated: “The Popular Referendum convened a new Constituent Assembly, which operated between 1997 and 1998. A right-wing alliance held the majority in this Assembly […]. It was convened and operated in the context of the rule of law, but once installed, defined itself as “constituent” […] in fact it did not issue a new Constitution, but rather a comprehensive reform, […] which entered into force on August 10, 1998” Cf. Statement by witness Ayala Mora on January 31, 2013 (Merits file, volume III, page 1283), and Affidavit rendered by the witness Vela Puga on January 31, 2013 (Merits file, volume III, page 1319). 57 Cf. “Special Law for the Election of Representatives of the National Assembly” of September 10, 1997 (File of attachments to brief of pleadings and motions, volume I, page 2261). 58 Cf. Constitution of the Republic of Ecuador of August 11, 1998 (File of attachments to the answer brief, volume I, page 3309). 59 Cf. Constitution of the Republic of Ecuador of August 11, 1998 (File of attachments to the answer brief, volume I, page 3336). 60 Article 199- The agencies of the judicial branch shall enjoy independence in the exercise of their duties and powers. No function of the State may interfere in matters of their competence. Judges shall be independent in the exercise of their jurisdictional powers, even in relation to the rest of the judicial organs; they shall be subject only to the Constitution and to the law. Constitution of the Republic of Ecuador of August 11, 1998 (File of attachments to the answer brief, volume I, page 3336). 61 Article 119- The institutions of the State, its agencies and branches and its public officials shall not exercise powers other than those established by the Constitution and by law, and have the duty to coordinate their actions in order to achieve the common good. Those institutions specified by the Constitution and by law shall enjoy autonomy in their organization and functions. Cf. Constitution of the Republic of Ecuador of August 11, 1998 (File of attachments to the answer brief, volume I, page 3326). 62 Article 130- The National Congress shall have the following duties and powers: 1. To swear into Office the President and Vice President of the Republic proclaimed elect by the Supreme Electoral Tribunal. To receive their resignations; to dismiss them, following impeachment; to establish their physical or mental incapacity or abandonment of their duties, and to declare them suspended. […] 4. To reform the Constitution and interpret it in a generally binding manner. 5. To issue, amend and repeal laws and interpret them in a generally binding manner. […] 8. To oversee the actions of the Executive and those of the Supreme Electoral Tribunal and request any information considered necessary from public officials. 9. At the request of at least one-quarter of the members of the National Congress, to proceed to the impeachment of the President and Vice-president of the Republic; of Ministers of State; of the Comptroller General and the Attorney General; of the Ombudsman and of the Prosecutor General; of the superintendents, of members of the Constitutional Court and of the Supreme Electoral Tribunal, during the exercise of their duties and until one year after termination. Cf. Constitution of the Republic of Ecuador of August 11, 1998 (File of attachments to the answer brief, volume I, page 3327). 19