legal means and in accordance with the parameters established in said article 21. 197 In
this sense, the Court has established that for the deprivation of a person's assets to be
compatible with the right to property, it must be based on reasons of public utility or
social interest, be subject to the payment of fair compensation, be limited to cases, be
carried out according to the forms established by law and be carried out in accordance
with the Convention. 198
137. In this case, the Court confirms that the sentence imposed by the Fifteenth Court
established that the presumed victims had to pay the then President a sum of USD
$30,000,000 (thirty million United States dollars) jointly and severally. For its part, El
Universo had to pay the sum of USD $10,000,000 (ten million United States dollars).
These amounts were made as the judge of first instance’s assessment of the
consequential damages and lost profits caused to the honor of the then President.
Additionally, it was determined that the alleged victims and El Universo had to pay the
professional fees of the then President’s lawyers, which were 5% of the value ordered
as payment in the judgment. Thus, the total amount ordered to be paid was USD
$42,000,000 (forty-two million United States dollars).
138. The Court notes that the net monthly remuneration received by Mr. Palacio
Urrutia at the time of the events amounted to USD $11,489.92 (eleven thousand four
hundred and eighty-nine United States dollars and ninety-two cents). 199 Cesar Enrique
Pérez Barriga received a net monthly remuneration of USD $6,306.49 (six thousand
three hundred and six United States dollars and forty-nine cents), 200 Carlos Eduardo
Pérez Barriga received a net monthly remuneration of USD $6,271.51 (six thousand two
hundred and seventy-one United States dollars and fifty-one cents), 201 and Carlos
Nicolás Pérez Lapentti received a net monthly remuneration of USD $6,180.14 (six
thousand one hundred and eighty United States dollars and fourteen cents). 202
139. Additionally, the Court confirms that El Universo limited company has the
following shareholders: N Perez Holdings LLC, Victoria Pamela Olcott Levi, Carlos
Eduardo Pérez Barriga, and Cesar Enrique Pérez Barriga, and that it has registered share
capital for the year 2020 of USD $26,090,000.00 (twenty-six million United States
dollars). 203
140. In accordance with the foregoing, the Court notes that the civil penalty imposed
in the conviction by the Fifteenth Court, confirmed by the Provincial Court, was a much
higher amount than the income they received, and in its entirety exceeded double the
Cf. Case of Salvador Chiriboga v. Ecuador. Preliminary Exceptions and Merits. Judgment of May 6, 2008.
Series C No. 179, par. 60 to 63 and Case of the National Association of Discharged and Retired Employees of
the National Tax Administration Superintendence (ANCEJUB-SUNAT) v. Peru, supra, par. 192.
197
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, par. 174, and Case of Granier et al.
(Radio Caracas Televisión) v. Venezuela, supra, par. 104.
198
Cf. Human Resources Certificate from El Universo Newspaper from October 19, 2011 (evidence file,
folio 4483).
199
Cf. Human Resources Certificate from El Universo Newspaper from October 19, 2011 (evidence file,
folio 4484).
200
Cf. Human Resources Certificate from El Universo Newspaper from October 19, 2011 (evidence file,
folio 4485).
201
202
Cf. Human Resources Certificate from El Universo Newspaper from October 19, 2011 (evidence file,
folio 4486).
203
Cf. Superintendency of companies, securities and insurance of Ecuador (evidence file, folio 7453).
46
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