9
the State orally restated some of the arguments included in the observations, the Court
observes that the mentioned documents had already been presented at a prior time and their
presentation was considered time-barred.14 Despite the aforementioned, the documents were
transmitted to the parties and were not objected by any of them.
27.
On the other hand, the Court during the public hearing asked that the State and the
representatives to forward, if considered appropriate, of regulations related to municipal,
general, or regulatory ordinances related to the situation of the expropriated property. On
January 13, 2010, three months after the hearing was held, the State presented a brief titled
“observations of the State to some concerns presented at the hearing on reparations and
costs” in the present case, which included several arguments (supra para.11). On January 28th
and February 12, 2010 in their forwarded observations, the representatives and the
Commission, respectively, stated that said brief was not appropriate with regard to the state of
the reparations proceedings, since the procedural stage to present arguments had been closed,
and they asked that the Court declare the brief inadmissible. In this sense, the representatives
stated, inter alia, that the information presented by the State does not respond to an order of
the Court in which additional information had been requested, and that in said communication,
it seeks to respond to the victim’s claims in regard to reparations, included in its brief of April
13, 2009. On its part, the Commission stated the inadmissibility of the brief because the State
filed it outside of all terms granted for this purpose; in the brief it goes into matters of the
merits of the case, ignoring the Judgment issued by the Court on May 6, 2008, and in some
aspects it tends to present arguments on reparations and on the appropriateness of the
payment of interests on the amount due with regard to the expropriation. Said brief was
transmitted to the parties, who have had the opportunity to exercise their right to defense and
in this sense the representatives and the Commission filed the previously mentioned
observations. Additionally, the Court points out that said brief contains information on matters
regarding the legislation that regulates the situation of the expropriated property, as well as
the collection of the taxes and fines on plots without constructions from Mrs. Salvador
Chiriboga, which are of relevance for the resolution of the present case.
28.
In consideration of the aforementioned, and of the sui generis proceeding of the
reparations stage in the present case, the Court decides to admit the documents mentioned in
the two previous paragraphs since it considers them appropriate and useful for the resolution
of the present case, pursuant with Article 45 of the Rules of Procedure. In consideration of the
representatives and the Commissions observations and the totality of the body of evidence the
Court will evaluate the documentation, according to the rules of sound judgment.
29.
In regard to the twenty-one annexes enclosed with the State’s brief of January 13,
2010, and to the annexes presented with the representatives’ observations on April 7, 2010,
this Tribunal points out that several of the documents had already been presented in a timely
manner15 by the parties, and they are admitted into the body of evidence of the present case.
14
On July 22nd and August 4, 2009, the State submitted its observations regarding the “expert witness report
in reference to the valuation prepared by the architect Jakeline Jaramillo Barcia” and its observations regarding the
arguments presented by the representatives of the victim on reparations. On August 6, 2009, the Secretariat informed
the State that since the time limit conceded for the submission of its observations regarding reparations and evidence
had expired on June 11, 2009, the mentioned writs presented on July 22nd and August 4, 2009 were untimely and
could not be admitted. (Cf. Communication of the Secretariat of the Court on August 6, 2009, case file of Reparations
and Costs, tome III, folios 490 and 496) Moreover, it informed the State that at the public hearing regarding
Reparations and Costs to be held for this case, the State would have the opportunity to present its observations (Cf.
Order of the President of the Court of August 6, 2009, case file of Reparations and Costs, tome III, folios 492 to 495).
15
Namely: 1) Constitution of the Republic of Ecuador of 1984, mentioned articles (case file of annexes to the brief of
motions and pleadings, annexes 12 to 16, folios 2143 to 2444); 2) Organic Law of the Municipal Regimen No. 331 of
October 15, 1971, mentioned articles (case file of annexes to the brief of motions and pleadings, annex 16, folios
2290 to 2677); 3) Code of Civil Procedure of 1987, mentioned articles (case file of evidence to better resolve
presented by the State, folios 5125 to 5633); 4) Ordinance No. 2818, limits of the Metropolitan Park Bella Vista de
Quito (case file of evidence to better resolve presented by the State -II envio-, folio 7530); 5) Ordinance No. 0181,