2
On the other hand, the Court held that the State had breached its obligations in respect to
judicial guarantees, given that the proceedings had exceeded the time limit for reasonable
settlement and, therefore, had no effect, indefinitely depriving the victim of her land, in addition
to the payment for just compensation, making such expropriation an arbitrary one.6
9. However, I think that the budgetary capacity of the Municipality of Quito has not been duly
considered within the factor of public interest, if there was an intention to properly assess the
potential impact on the community's fiscal outlay required to make the payment for
compensation awarded by the Court. An equity standard to consider the characteristics of the
case would have required a special consideration of the public interest that would be potentially
affected as a consequence of the payment of the Judgment on reparations ordered by the
Court.
Leonardo A. Franco
Judge
Pablo Saavedra Alessandri
Secretary
6
Case of Salvador Chiriboga V. Ecuador, suprano tae 1, para. 117.
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