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Monday, November 10, 2008

Ecuador Still Lacks Justice Court

Quito, Nov 6 (Prensa Latina) Ecuador continues on Thursday without its top judicial authority, due to the refusal of ex judges to compose the national Justice Council (CNJ), the first hindrance to this transition process.

The national Electoral Council suspended on Wednesday accreditation of the 21 judges that were elected to shape the CNJ, after receiving a letter from the Legislative Commission.

In the letter, Fernando Cordero, president of the mentioned commission that is acting as National Assembly, said they decided to request a consultation from the Constitutional Court (CC), about the refusal of 20 out of the 21 judges of the former Supreme Court of Justice (SCJ) to assume their new responsibilities.

Jose Vicente Troya was the only CNJ member that was willing to assume his post, and the CNE resolution was adopted, counting on his participation.

Troya said that not having the justice authority is a serious problem, because thousands of cases and processes will be stopped, some thing that has happened before, I 2005, when the country remain without SCJ of for around a year.

The Legislative Commission request claims interpretation of the first subsection of the constitutional article 436, which says what to do in case of temporary or definitive absence, excuse or resignation of the elected judges.

The commission also demands that the CC defines what will happen with the trial that have been suspended at the Supreme, police and military courts, and definition of the National Justice Council's situation.

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