36
determine the payment of a compensation, in equity,160 for the amount of US$10,000.00 (ten
thousand dollars of the United States of America) in favor of Mrs. María Salvador Chiriboga for
the standard of non-pecuniary damages.
113. The State must make the payment of the compensation for the standard of nonpecuniary damages directly to the beneficiary within a one-year term computed as of the
notification of the present Judgment.
D)
MEASURES OF RESTITUTION, SATISFACTION, AND GUARANTEES OF NON-REPETITION
1.
Restitution
114. The Court should consider the additional charges that have been presented in detriment
of the patrimony of María Salvador Chiriboga. In paragraph 115 of the Judgment on the
Merits, the Court indicated that Mrs. Salvador Chiriboga has had to incur in the unjust payment
of taxes and fines between the years 1991 and 2007, and that the State acknowledged the
error it incurred in regarding the collection of taxes and fines, reason for which it ordered the
return of what was improperly paid, through a resolution of the municipal council.
115. During the public hearing the State reiterated that the Metropolitan Council of Quito
issued two rulings161 that order the estimate and return of what was paid by the Salvador
Chiriboga family and this procedure is also being used for other owners affected by other
public and expropriated works. According to the State said mistakes have been corrected by
the municipal financial office and any charge made for taxes on properties declared of public
interest will be returned or will no longer be issued. It added that there is no regulation
regarding the payment of interests on the amounts paid, since what is being returned is the
amount paid for taxes. Subsequently, documents presented on January 13, 2010,162 indicate
that the State with the rulings issued by the Metropolitan Municipality of Quito had complied
with the Law on Ordinances in what refers to expropriations, “returning the money paid by the
victim with its corresponding interests[, and that] there is a credit note in favor of the owners
of the property that has not been picked up by the interested parties.” The amount ascends to
$23,984.82 (twenty three thousand nine hundred and eighty four dollars of the United States
of America with eighty two cents),163 and is in the custody of the Treasury of the Municipality.
116. Regarding the State’s argument that is has returned the values collected, the
representatives stated that said “devolution is not real since it is merely the issuing of a credit
note, an instrument that can only be used to pay tax obligations before the same municipal
160
Cf. Case of Neira Alegría et al. V. Perú. Reparations and Costs. Judgment of September 19, 1996. Series C
No. 29, para. 56; Case of Gomes Lund et al. (“Guerrilha do Araguaia”) V. Brazil, supra note 8, para. 310, and Case of
Cabrera García and Montiel Flores V. México, supra note 8, para. 260.
161
Cf. Order of the Metropolitan Council of Quito No. C 0704 approved on September 27, 2007, that states, “the
refund of the cancelled amounts for the concept of property taxes, those and other payments since 1995 to the year
2007 and for the concept of surcharges for properties with no constructions as of 2001 to 2007 of property No.
0210902 in the name of SALVADOR TOBAR GUILLERMO HEREDEROS,” and the lack of issuance of more credit titles for
the expropriated property (case file of Reparations and Costs, tome V, folio 1221). According to the State, said order
was modified by the Metropolitan Council of Quito, in ordinary public sessions held in October 24, 2007, in that the
“generated interests” also be returned” (case file of Reparations and Costs, tome V, folio 1223).
162
Cf. Order SG 554, refund of taxes for the expropriated properties and Order DMF-T-3230 of October 12,
2009 of the Metropolitan Treasurer (E) addressed to the Metropolitan AG. Cf. Order SG 554, supra note 16, folios
1073 and 1223.
163
Pursuant to Order DMF-T-3230 of October 12, 2009, the Metropolitan Treasurer (E) reported that the Office
of Financial Revenues, on September 11, 2007, issued a “[n]ote of [c]redit No. 8336 in [f]avor of SALVADOR TOBAR
GUILLERMO HEREDEROS, for the amount of USD$23,984.82 [(twenty-three thousand, nine hundred and eighty-four
dollars of the United States of America with eighty-two cents)], which has not been retrieved and is in the custody of
the Treasury. Cf. Order DMF-T-3230, supra note 16, folio 1073.
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