5
administrative courts “[…] which have been decided by resolutions taking into account
the factual, legal and consequential elements, [... and that] in the condemnation
proceeding initiated by the Municipality of Quito, it is clear the desire of the alleged
victim’s representatives to delay the trial". In relation to Article 25 (Right to Judicial
Protection) of the Convention, the State argued that it has never hindered the access to
the legal resources available at the domestic administrative courts in order to challenge,
on countless occasions, the administrative orders that turned out to be prejudicial to the
interests of Salvador Chiriboga siblings.
11.
With regard to the possible reparations, the State pointed out that it will only
accept to pay “[…] a compensation […] fixed within the framework of the domestic or
Inter-American proceedings and based on an impartial assessment, according to the real
value of the property, regardless of the current increase in value, if it adjust to the reality
of the country, and the annual municipal budget and above all, under the terms of [...] of
the Court [...]".
Lastly, it challenged the sums of money requested by the
representatives as compensation, costs and expenses. In said brief, the State also raised
a preliminary objection based on non- exhaustion of domestic remedies.
12.
On June 24 and 25, 2007, the Commission and the representatives, respectively,
submitted their closing arguments regarding the preliminary objection raised by the State
and requested the Court to disallow such objection and continue analyzing the merits of
the case. The representatives attached several appendixes, which were received on June
27, 2007.
II
PROCEEDINGS BEFORE THE COURT
13.
During the proceedings before this Tribunal, on September 17, 2007, the
President of the Court (hereinafter, the “President”), at the time, issued an order
requesting the testimonies of six persons,17 rendered by affidavit, and the expert
opinions of four persons proposed by the Commission, the representatives and the
State,18 with regard to which the parties had the chance to submit observations.
Furthermore, taking into account the particular circumstances of the case, the President
convened the Inter-American Commission, the representatives and the State to a public
hearing to hear the statement rendered by the alleged victim, the statement rendered by
the expert witness proposed by the Commission and the representatives and the
statement rendered by the expert witness proposed by the State. On October 17, 2007,
the representatives filed the observations to the statements rendered by the witness and
two expert witnesses submitted by the State and on October 18, 2007, the Commission
pointed out that it had no observation regarding the statements submitted by the State.
On October 18, 2007, the Court took19 receipt of the statement rendered by one of the
expert witnesses, under the same conditions indicated in the President’s Order of October
2, 2007 (supra note 18).
17
On October 8, 2007, the State informed that it waived its right to submit one of the testimonies
rendered by affidavit.
18
Cf. Orders issued by the President of the Court on September 17, 2007 and October 2, 2007.
19
Cf. Order issued by the Court on October 18, 2008. [sic]