9 h) Armando Bermeo Castillo and Germán Carrión Arciniegas: Proposed by the State; both, lawyers. In the expert opinion they rendered, they stated that the public sector has the authority to initiate condemnation proceedings and that such procedure is subjected to the Act of Public Procurement, prior to an appraisal conducted by the National Division of Appraisals and Land Register (Dirección Nacional de Avalúos y Catrastos). However, they pointed out that this is not applicable within the municipalities, since these are governed by a special law, on the grounds of the Political Constitution that consider them as autonomous in the functional, administrative and financial sectors. They mentioned that, in accordance with the Civil Procedural Code of Ecuador (hereinafter, “Civil Procedural Code”), the value of the condemned property is fixed according to the price that appear in the Land Register of the two years prior to the year in which the complaint was filed. Furthermore, they expressed that the values determined are related to the value that serves as guide for the determination of taxes that the owners of the properties should pay. Notwithstanding, in case of a condemnation proceeding, the judge is not under the obligation to subject to the appraisal established by the Dirección Nacional de Avalúos y Castastros, or by the municipalities, according to the Civil Procedural Code. 20. Moreover, the Court heard the following testimonies rendered in the public hearing: a) María Salvador Chiriboga: Proposed by the Commission and the representatives; alleged victim. She stated that she and her brother, Julio Guillermo Salvador Chiriboga, dead, inherited the property from her father. However, since 1991, she lost the possession of the property since the Municipality of Quito included her piece of land in the area that now occupies the Metropolitan Park without having received, so far, any kind of compensation, though she still pays the taxes. She indicated that she has not received the deposit the Municipality made in the condemnation proceedings regarding her property. She added that she has initiated several proceedings in Ecuador in order to protect her rights. She also mentioned that she has always good will to negotiate a fair price for the piece of land with the municipal authorities, but that such authorities have never made any specific offer. The condemnation of the property has caused her such a financial impairment that she had to sell other plots of land at low price. She also declared that regarding the emotional aspect of the issue, her whole family has been involved in such proceedings and that she, specially, has suffered some serious health breakdowns. b) Edgar Neira Orellana: Proposed by the Commission and the representatives; lawyer. He rendered his opinion regarding administrative laws and procedures, and he pointed out that such are old administrative law dogmas that today have proved to be outdated. In all administrative proceedings, it is necessary to have a written procedural record and this tends to favor the delay in the administration of justice. He added that the protection of private property is one of the guarantees that the Political Constitution has established in order to ensure the rights of the individuals. Therefore, condemnation is only appropriate when public utility or social interest is involved, but first it is essential to have a fair appraisal and the payment of a compensation. With regard to the condemnation proceedings established by the Civil Procedural Code, he indicated that it should be solved in 38 days. Nevertheless, he pointed out that the triple of

Select target paragraph3