64
vi.
Mr. Carpio Nicolle took the inevitable risk of sometimes
obtaining the private sector’s support and, at other times, not
obtaining it, and suffering a financial boycott from this sector, which
withdrew its advertisements as a way of harming “El Gráfico” and
other newspapers, and
vii.
The State considers that the independent auditors’ report on “El
Gráfico” of June 7, 2004, is not an audit, and the Court should
therefore reject it;
e)
Regarding the political party, the National Union of the Center:
i.
There is no objective estimate of the damage caused by the
State as regards the collapse of the UCN political party, because,
according to democratic principles and domestic legislation, political
parties have a collective structure where power cannot be
concentrated in the hands of a single person, but belongs to all the
members;
ii.
The party’s funds are derived from contributions by members,
businessmen and industrialists, and also State contributions to the
party during elections;
iii.
After the facts of the instant case, one of the events that
affected the UCN party was the fragmentation of its leaders and
members. This political circumstance relates to the internal order of
the party, and cannot objectively be attributed to the State;
iv.
The UCN political party took part in two general elections after
Jorge Carpio Nicolle’s death, in 1995 and 1999. After each electoral
event, the State grants a subsidy to political parties, and those who
benefit most are the ones who have attained most votes. Since the
UCN was a party that took part in the final round of two presidential
elections, the State’s contribution was significant, and
v.
The UCN political party was legally dissolved in 1999, in
accordance with article 93(b) of the Electoral and Political Parties
Constitutional Law, because it had not obtained a sufficient number of
votes to subsist legally;
f)
Regarding the Monte Rosa farm:
i.
The only income of Juan Vicente Villacorta’s family came from
the coffee production of the Monte Rosa farm;
ii.
Juan Villacorta coordinated agricultural tasks with a reliable
farm manager, who had worked for him for more than 30 years.
Consequently, at the time of Mr. Villacorta’s death, there was a reliable
person who had a thorough knowledge of the task of administering the
farm; therefore, the family’s losses in the coffee business were not
fully justified, and
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