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criteria regarding the appraisal of the lands [and is unaware] of the fact that when a land
is condemned, it is removed from the market and therefore, it is no longer viable to take
as reference the market demand”. As to the affidavit rendered by the expert witness Mr.
Raúl Moscoso Álvarez (supra para. 19(f)), in the observations, the State expressed that
his expert opinion "[...] does not restrict to the specific purpose of the expert assessment
[…] specially, to the judgment of the judicial orders in relation to the rules of due process
[…]”. To such effect, this Tribunal admits said experts’ opinions taking into account the
purpose of such as intended in the President's Order of September 17, 2007 (supra note
18) as well as the observations submitted by the State and it shall assess them on the
basis of the body of evidence and sound judgment.
27.
As to the authenticated expert’s opinions rendered, jointly, by Mr. Armando
Bermeo Castillo and Germánd Carrión Arciniegas (supra para. 19(h)), in the
observations, the representatives pointed out that the expert report is incomplete and is
full of personal assessments. To such end, they expressed that despite the fact that the
expert witnesses indicated that the condemnation proceedings aim at determining the
fair market value of the land, they omitted to point out that such proceedings constitute
a process for the execution of an administrative act and not an effective remedy to
protect the rights of people in such proceedings. Moreover, they noted that the expert
witnesses confirmed, in their report, that after the administrative declaration of public
utility, the appraisal is no longer necessary, given the fact that according to the case- law
of the Supreme Court of Justice "[...] the appraisal is necessary and in case of lack of it,
the result will be the nullification of the administrative proceeding". Lastly, they pointed
out that the referred expert witnesses failed to make reference to certain judgments of
the Supreme Court of Justice and some laws, which they consider " it was the duty of the
expert witnesses to inform the Court on the correct application of the rules on
condemnation. This Court observes that in the President’s Order of September 17, 2007,
each one of the expert witnesses was ordered to forward its own report. Nevertheless, as
proven in the records, the State forwarded only one expert report signed by the persons
already mentioned. Regarding this issue, the Tribunal brings to the State’s attention the
fact that it should have submitted individual expert reports as ordered by the President in
the orders of September 17 and October 2, 2007. Moreover, this Court admits said joint
report taking into account the purpose set forth in the President’s Order of September
17, 2007 (supra para. 18) and the observations made by the representatives and it shall
assess them on the basis of the body of evidence and the sound judgment.
28.
As to the authenticated statement rendered by Gonzalo Estupiñan Orejuela
(supra para. 19(g)), in their observations, the representatives pointed out that his
statement is opposite to his own manifestations published in several newspapers of the
City of Quito, as well as those statements made in other condemnation proceedings
forwarded in the case of the Metropolitan Park, where he sustained that they were
absolutely illegal. They added that the expert witness failed to point out that, in the case
of the family he represented, the Municipality of Quito delayed the payment, “[…]
therefore, it is not true that the payments are immediate”. To such effect, this Tribunal
admits said experts’ opinions taking into account the purpose of such as intended in the
President's Order of September 17, 2007 (supra note 18) as well as the observations
submitted by the representatives and it shall assess them on the basis of the body of
evidence and sound judgment.
29.
As to the press releases submitted by the State and the representatives, this
Tribunal consider that such documentation could be assessed whenever they relate to