A/HRC/4/40/Add.2 page 7 14. Ecuador is a unitary State. Its territory is divided into 21 provinces on the mainland and one island province (Galápagos), and is also divided into cantons and parishes. Governors represent the President of the Republic in each province. The governors answer to the Minister of Internal Affairs. Courts 15. The Supreme Court has jurisdiction over the entire national territory. It acts as a court of cassation through its specialized chambers. Its members do not serve set terms. The Supreme Court currently has 31 members. 16. In November 2004, the National Congress replaced most of the members of the Constitutional Court and the Supreme Electoral Court. In December 2004, in violation of the principle of independence of the judiciary established by the Constitution and the international treaties ratified by the State, the Congress replaced 27 of the 31 members of the Supreme Court. That measure gave rise to a serious political and social crisis, which culminated in the resignation of President Gutiérrez and the assumption of power by the Vice-President. Following a complex procedure carried out with the assistance of the United Nations, the Organization of American States, the Andean Community of Nations and other organizations, a new Supreme Court started functioning at the end of November 2005. The process for selecting its magistrates was transparent: competitive examinations were held and the 31 jurists with the best scores were appointed. 17. The National Council of the Judiciary too was restored. Under article 206 of the Constitution, this is the body responsible for the disciplinary and administrative management of the judicial branch. Its mandate is to appoint all magistrates and judges apart from those of the Supreme Court. 18. Challenges relating to the constitutionality - in terms of both form and substance - of organizational and ordinary laws, decree-laws, decrees, ordinances, statutes, regulations and resolutions, or of administrative acts, are decided by the Constitutional Court, which is composed of nine judges, elected for a four-year term. At the time of the Working Group’s visit, its members had not yet been named. 19. In most cases the High Courts act as second-instance appeals courts for criminal cases. In each province there is a High Court, composed of two or more chambers. The judges in criminal courts represent the first instance. There are also circuit court judges who hear criminal cases. Misdemeanour judges and provincial police chiefs hear cases involving minor offences and misdemeanours. 20. Members of the armed forces and the police have their own courts. These courts are not part of the judiciary, and their decisions cannot be taken to the Supreme Court in cassation; the National Military Court or the National Police Court has the last word. Public Prosecutor’s Office 21. The Attorney-General legally represents the Public Prosecutor’s Office and is elected for a six-year term by the National Congress, from a shortlist submitted by the National Council of

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