THE 117th WORLD INTERPARLIAMENTARY UNION ASSEMBLY HELD IN GENEVA AT THE ONSET OF OCTOBER OF LAST YEAR UNANIMOUSLY APPROVED CONCLUSIONS AND RECOMMENDATIONS CONTAINED IN THE MISSION’S REPORT WHICH DUE TO THE COMMITTEE PARLIAMENTARY, HUMAN RIGHTS’ RECOMMENDATION, VISITED ECUADOR FROM THE 18th TO THE 20th OF JUNE AND WHO RECEIVED THE ACCUSSATION OF THE 57 REPRESENTATIVES WHICH WAS PRESENTED BEFORE THE COMMITTEE.

THE DELEGATION WAS PRESIDED BY SENATOR ROSARIO GREEN FROM MEXICO WHO GATHERED THE INFORMATION BY GETTING TOGETHER WITH ALL AUTHORITIES IN THE COUNTRY. PREVIOUSLY A DELEGATION COMPOSED OF: GLORIA GALLARDO FROM THE PRIAN POLITICAL PARTY, FERNANDO AGUIRRE FROM SOCIEDAD PATRIOTICA AND ALFREDO SERRANO FROM SOCIAL CRISTIANO WENT BEFORE THE HUMAN RIGHTS COMMITTEE IN GENEVA AND DELIVERED THE ENTIRE DOCUMENTATION REGARDING THIS CASE.

CONCLUSIONS FORM THIS REPORT, APPROVED UNANIMOUSLY BY THE ASSEMBLY REFER TO ITS PREOCUPATION REGARDING EVENTS UNDERGONE AND POINTS OUT THE FOLLOWING:

N. DELEGATION’S CONCLUSIONS
1. THE DELEGATION IS CONSCIOUS OF THE FACT THAT IN THE LAST DECADE ECUADOR HAS BEEN BESEIGED BY A SERIES OF INSTITUTIONAL AND POLITICAL CONFRONTATIONS WITH NEGATIVE AND SUBSTANTIAL REPERCUSSIONS AND WHICH! CONSEQUENTLY, HAVE LEFT LARGE PORTIONS OF THE POPULATION DISILUSIONED AND DESIROUS OF CHANGE AND OF STRENGTHENING THE CONSTITUTIONAL FRAMEWORK. THE DELEGATION ALSO POINTS OUT THAT, JUST AS THE AUTHORITIES THEY INTERVIEWED HAVE POINTED OUT, DURING THIS DECADE THE NATIONAL CONGRESS ADOPTED A SERIES OF DECISIONS,OF GREAT TRANSCENDANCY OF DOUBTFUL CONSTITUTIONAL VALIDITY, CONSEQUENTLY DISCREDITING CONGRESS BEFORE A SUBSTANTIAL PART OF PUBLIC OPINION.

2. REGARDING THIS MATTER, THE DELEGATION CONGRATULATES PRESENT AUTHORITIES FOR THEIR DESIRE TO STRENGTHEN THE DEMOCRATIC AND CONSTITUTIONAL FRAMEWORK OF ECUADOR AND TRUSTS THE CONSTITUTIONAL ASSEMBLY TO WORK IN AN EFFECTIVE AND PARTICIPATORY MANNER SO THAT, FINALLY IT WOULD STRENGTHEN THE INSTITUTIONAL FRAMEWORK. AT THE SAME TIME, AND IN SPITE OF CRITICISM DIRECTED TOWARDS CONGRESS, THE DELEGATION WISHES TO UNDERLINE THAT, IN THIS CASE, THE SAME INSTITUTIONALITY AND CONSTITUTIONALITY, THAT THEY ARE SEEKING TO PROTECT VIA CONSTITUTIONAL REFORM, IS ITSELF THE FOCAL POINT OF PREOCCUPATION. IN THAT SENSE THE DELEGATION WISHES TO STRESS THE FOLLOWING:

THE QUESTION OF PARLIAMENTARY INMUNITY AND THE LOSS OF PARLIAMENTARY MANDATE:
UIP HAS UNDERLINED ALWAYS THAT PARLIAMENTARY INMUNITY WITH RESPECT TO OPINIONS AND VOTES CAST IN PARLIAMENT ARE THE CORNERSTONE OF REPRESENTATIVE DEMOCRACY AND ARE SOUNDLY PROTECTED IN PARLIAMENTS ALL AROUND THE WORLD SHELTERING PARLIAMENTARIANS FROM LEGAL ACTION (O OR OF ANY KIND) DUE TO VOTES OR OPINIONS EMITED DURING THEIR TENURE.

IN THE DELEGATION’S OPINION THERE IS NO DOUBT THAT THE 57 REPRESENTATIVES WERE DISMISSED BECAUSE OF DECISIONS, EVEN THOUGH THESE WERE DOUBTFUL FROM A CONSTITUTIONAL VIEWPOINT, THEY TOOK DURING THEIR TENURE. THE DELEGATION BELIEVES THAT THE FACT THAT AT THAT MOMENT ECUADOR WAS IN THE MIDST OF AN ELECTORAL PERIOD DID NOT JUSTIFY ELECTORAL AUTHORITY IN NON- OBSERVANCE OF THE AFOREMENTIONED GUARANTEES. THEREFORE, THE DELEGATION HAS REACHED THE CONCLUSION THAT PARLIAMENTARY INMUNITY, DUE THOSE DISMISSED REPRESENTATIVES, WAS NOT RESPECTED INCLUDING THEIR JURISDICTIONAL RIGHT TO BE JUDGED BY THE SUPREME COURT.

IN REFERENCE TO THE REPRESENTATIVES DESTITUTION, THE DELEGATION POINTS OUT THAT JURUDICAL NORMS, THE CONSTITUTION IN PARTICULAR, CLEARLY STIPULATES THOSE SITUATIONS, REASONS AND PROCESSES WHICH CAN LEAD TO THE LOSS OF PARLIAMENTARY MANDATE OR TENURE IN ECUADOR. BESIDES THE CONSTITUTION ASSURES FULL PROTECTION FOR THE RIGHT TO DUE PROCESS OF LAW. IT IS QUITE CLEAR IN THE DELEGATION’S OPINION THAT THERE IS NO EXISTING NORM WHICH ALLOWS THE SUPREME ELECTORAL TRIBUNAL TO DISMISS NATIONAL REPRESENTATIVES ON ACCOUNT OF ELECTORAL INFRACTIONS, NOT EVEN IN ELECTORAL PERIODS. IT IS CLEAR, FURTHERMORE, THAT THOSE 57 REPRESENTATIVES DID NOT HAVE A CHANCE TO DEFEND THEMSELVES.

QUESTION OF HARASSMENT AND AGGRESSION:
EVEN THOUGH THE DELEGATION IS CONSCIOUS THAT AUTHORITIES CAN NOT AVOID ALL EXCESS IN THE MANNER OF MANIFESTATIONS, IT DOES CONSIDER THAT THEY CAN AND SHOULD ASSUME THE PROPER GUARANTEES TO PROTECT THE DISMISSED REPRESENTATIVES AND THAT IN REFERENCE TO AGRESSION ALL MUST BE DONE TO BRING CULPRITS TO JUSTICE. IN THIS REGARD THE DELEGATION IS NOT CONVINCED THAT AUTHORITIES HAVE ALWAYS PROVIDED APPROPIATE GUARANTEES. FURTHERMORE THE DELEGATION IS WORRIED THAT EVEN THOUGH IN THE MAJORITY OF CASES, AND IN SPITE OF THE FACT THAT TV AND VIDEO IMAGES CLEARLY SHOW THOSE GUILTY OF AGGRESSION, THESE PEOPLE HAVE NOT BEEN APREHENDED AND PROSECUTED. TO HIS END, THE DELEGATION WISHES TO UNDERLINE THAT AUTHORITIES SHOULD NOT BE MOVED TO ACTION SOLELY BECAUSE OF VICTIMS’ COMPLAINTS. THE DELEGATION URGES AUTHORITIES TO FULFILL THEIR DUTY AND DO EVERYTHING TO INSURE JUSTICE IN THIS CASE AND TO EFFECTIVELY. PROTECT THE DEPOSED REPRESENTATIVES. THE DELEGATION WISHES TO UNDERLINE ITS SPECIAL PREOCUPATION WITH THE VIOLENCE AND INVASION OF THE CONSTITUTIONAL TRIBUNAL ON THE 23ND OF APRIL OF 2007 AND THE LACKOF POLICE ACTION WHICH, ACCORDING TO ONE SOURCE, WAS ORDERED BY THE AUTHORITIES, AND THEREFORE URGES SAME AUTHORITIES TO CLEAR – UP THE CIRCUNSTANCES SURROUNDING THAT SITUATION AND ASSIGNING RESPONSABILITIES ON THOSE GUILTY.

PENAL ACCUSATIONS AND THE REQUEST FOR PREVENTIVE DETENTION AGAINST 24 OF THE REPRESENTATIVES:
EVEN THOUGH AT PRESENT THOSE 24 DEPOSED REPRESENTATIVES ARE NOT UNDERGOING A PENAL PROCESS, IT IS CLEARTOTHE DELEGATION THAT IN PRINCIPLE THE PROCEDURE FOR SAME CAN BE INITIATED AT ANY MOMENT BY THE APPROPIATE JURIDICAL LANES. THE DELEGATION MANIFESTS ITS CONCERN OVER THE JURIDICAL BASIS FOR ACCUSATIONS BROUGHT TO BEAR ON THOSE DEPOSED REPRESENTATIVES WHICH ARE DIRECTLY CONNECTED TO THEIR PARLIAMENTARY WORK – ACTIVITY AND WHICH MAKES THE UNCERTAINTY AT PRESENT A PROLONGED THREAT. THEREFORE THE DELEGATION EXPECTS THE CASE TO BE SWIFTLY DISMISSED IN A DEFINITIVE WAY.

THE CONSTITUTIONAL TRIBUNAL RESOLUTION OF APRIL 23nd OF 2007 AND THE CESSATION OF THIS MEMBERS:
THE DELEGATION POINTS OUT THAT THERE IS A CONSTITUTIONAL TRIBUNAL RESOLUTION WITH A SOLID AND EXTENSIVE JURIDICAL BASIS SO AS TO DECLARE THE DESTITUTION OF THOSE 57 REPRESENTATIVES AS ILEGAL. THE DELEGATION DECLARES ITS INMENSE PREOCUPATION OVER THE FACT THAT ON APRIL 24 OF 2007, CONGRESS DECIDED TO CANCEL THE CONSTITUTIONAL TRIBUNAL MEMBERS BASED ON THE ARGUMENT THAT THEIR TENURE HAD EXPIRED IN JANUARY OF THAT SAME YEAR, THE DELEGATION IS AFRAID THAT CONSIDERATIONS BACKING THIS DECISION WERE MORE POLITICAL THAN JURIDICAL.
REGARDING THAT, THE DELEGATION REFERS TO THE MOMENT IN JANUARY OF 2007 WHEN THE MEMBER’S MANDATE WOULD HAVE EXPIRED BUT RATHER THE DAY AFTER THE CONSTITUTIONAL TRIBUNAL EMITTED THEIR RULING. ALSO ALLUDING TO THE FACT THAT THOSE 52 REPRESENTATIVES WHO APPROVED THE RESOLUTION TO CANCEL THE CONSTITUTIONAL TRIBUNAL MEMBERS INCLUDED THOSE WHO WERE IN A SUBSTITUTION POSITION, AND ON TAKING THIS DECISION WERE NOT IMPARTIAL AS CAN BE EVIDENCEDBY THEIR INTEREST IN AVOIDING THE RETURN OF THEIR PREDECESSORS.
SINCE THE MISSION CONCLUDED, THE DELEGATION HAS, WITH SUPPRISE AND CONCERN, RECEIVED NEWS CONCERNING THE RESOLUTION EMITTED BY THE NEW MEMBERS OF THE CONSTITUTIONAL TRIBUNAL ON JULY 25th OF 2007 REGARDING ANULLMENT AND FILING AWAY OF ITS PREDECESSOR’S RESOLUTION WHICH RESTITUTED THE 57 REPRESENTATIVES. THE DELEGATION CONSIDERS THAT, IN FILING AWAY THE RECORDS WITHOUT ANY PRONOUNCEMENT REGARDING THE SUBSTANCE OF THIS CASE AND ANSWERING SOLID ARGUMENTS BROUGHT FORTH BY THOSE CANCELED REPRESENTATIVES AND WHICH WERE ACCEPTED BY THE PREVIOUS CONSTITUTIONAL TRIBUNAL, THEY HAVE BEEN DENIED THE OPPORTUNITY TO OBTAIN JUSTICE.

INSTITUTIONAL INSTABILITY, IN PARTICULAR THAT WHICH RELATES TO THE JUDICIAL SYSTEM:
THE DELEGATION CONSIDERS THAT VARIOUS EVENTS RELATING TO THIS CASE ARE LINKED TO THE FRAGILE NATURE OF THE JUDICIAL SYSTEM AND THE TENDENCY TO PRACTICE JUSTICE BASED ON POLITICAL MOTIVATION. THE DELEGATION ENCOURAGES THE AUTHORITIES TO ENFORCE RECOMMENDATIONS GIVEN BY THE SPECIAL UNITED NATIONS ENVOY SO AS TO STRIP POLITICS FROM THE JUDICIAL SYSTEM AND THEREFORE INSURE THAT THE ADMINISTRATION OF JUSTICE BE BASED ON PRINCIPLES OF INDEPENDANCE AND COMPETITION. TO THAT END THE DELEGATION STRESSES THE IMPORTANT ROLE THAT CONGRESS, TOGETHER WITH THE CONSTITUTIONAL ASSEMBLY, SHOULD PERFORM IN ORDER TO ACHIEVE THAT PURPOSE AND JOYFULLY ACCEPTS THE PROPOSAL PUT FORTH BY THE CONGRESS’ PRESIDENT THAT UIP, (INTERPARLIAMENTARY UNION), ALREADY GIVING TECHNICAL ASSINTANCE TO CONGRESS, COLLABORATE WITH THE CONSTITUTIONAL REFORM PROCESS.