The National Assembly did not secure the necessary 92 affirmative votes. Members of Correa’s RC party abstained from voting.
Wilman Terán, former president of the Judicial Council, and former member Maribel Barreno were not censured from holding public office. On the night of Wednesday, July 17th, the plenary session of the National Assembly did not approve the motion of censure presented by Construye legislator Jorge Peñafiel. Peñafiel promoted the impeachment against the two former officials, accusing them of failing to fulfill their duties.
Peñafiel’s motion needed 92 affirmative votes to pass, but it fell short with only 88 affirmative votes. There were no negative or blank votes, and 47 members abstained.
The affirmative votes came from the benches of the Social Christian Party (PSC), the National Democratic Action (ADN), the Construye and Pachakutik movements, and independent assembly members. The abstentions came from the Correista bloc Citizen Revolution (RC).
The vote took place at 10:50 p.m., after 16 assembly members participated in the debate following extensive interventions by the trial’s interpellant, assembly member Jorge Peñafiel, and the two attorneys, who presented their arguments for the prosecution and defense, respectively.
Plenary session 944 began on Tuesday, July 16, but was suspended after Barreno appeared before the plenary session. At the request of the Citizen Revolution movement, Parliament required the SNAI to transfer Wilman Terán from La Roca prison in Guayaquil to the Assembly chamber in Quito, so he could physically attend the plenary session and exercise his right to defense. The session resumed around 3:30 p.m. on Wednesday with Terán present and ended after more than seven hours.
Accusations and Defense
Peñafiel accused Terán and Barreno of alleged irregularities in the suspension and subsequent dismissal of former national judge Walter Macías; the “arbitrary extension” of judges of the National Court of Justice without a competitive examination and merits; and irregularities in the competitive examination and merits for the appointment of judges of the National Court.
The two former officials denied the allegations and defended their actions as lawful within the framework of their duties in the Judicial Council.
Barreno, in her defense statement on Tuesday, said she is being persecuted by the State Attorney General’s Office and has documentation to support her assertions. She claimed proceedings were carried out against her through protected witnesses who exposed previously prepared scripts and said that former Assembly member Xavier Muñoz had warned her how they were going to proceed.
On Wednesday, Wilman Terán justified the sanction and dismissal of Judge Macías, claiming Macías had been accused of falsifying documents to access his position, among other accusations such as alleged bribery. He said the votes in the plenary session of the Council, refuted by Peñafiel, took place within the framework of the law.
In his defense, which lasted three hours, he presented screenshots of alleged conversations, via text messages, that he claimed to have had in 2023 with prosecutor Diana Salazar. He said these chats, which had been examined, demonstrate the prosecutor’s persecution against him. He also said the cell phone containing these conversations is not in the possession of the Prosecutor’s Office; he has it stored in an undisclosed location.
In his speech, Terán discussed several topics, including the Bribery case, in which he issued a ruling.
Assembly Debate
In his reply to the questioner, Jorge Peñafiel disqualified the messages mentioned by Terán, pointing out they were lies and fake chats edited with the Photoshop program. “Either you think we are naive, or you are a great liar, Mr. Terán, the lie will not be able to hide from the light,” he claimed. Peñafiel criticized Terán for putting on “a play” full of lies during his appearance. “This is not personal, Mr. Terán and Mrs. Barreno, it is to prevent the tentacles of corruption from infiltrating the justice system. It is for the country. I don’t know how far you will go with your theatrical performance and lies,” he said.
Barreno, in her reply, said it is “absurd” that she should be impeached for having voted for the dismissal of Judge Macías. Likewise, Terán said in his reply that he was not interested in “a small position,” but rather concerned about the safety of his family. He denied Peñafiel accusation that the text messages were edited.
Once the phase of replies was over, the debate among the assembly members began. First, the floor was given to the members of the Oversight Committee and then to other legislators.
Correa supporter Pamela Aguirre, president of that commission, said Peñafiel did not individualize the accusations or prove them. Her fellow party member Sofía Espín added that the interpellant presented four charges and could not support any of them. That is why the majority in the commission voted with the recommendation to the plenary to archive the impeachment.
César Umaginga, on the other hand, shared the accuser’s theory and said that there were indeed grounds for breach of duty against Terán and Barreno.
Jorge Acaiturri said the reasons that justified the impeachment were clear. He stated the vote would show which legislators would be “in favor of impunity,” referring to whether enough votes were obtained for censure.
Ongoing Criminal Proceedings
Although the impeachment trial in the National Assembly has ended, Wilman Terán and Maribel Barreno will continue to face criminal proceedings for their actions during their time in the Judicial Council.
You are known by the friends who support you. Only the Correa party supported these people.