7
a)
Guadalupe Jessica Salvador Chiriboga: Proposed by the Commission and
the representatives; daughter of María Salvador Chiriboga. She rendered a
statement on some of the details related to the judicial proceedings initiated by
her mother in order to protect their rights, on the negative results regarding some
of the proceedings and on the delay of the State to resolve other judicial
proceedings. Among such proceedings, she focused on two mediation
proceedings; one of them was suspended in October 2006, when the parties had
to appear before the Inter-American Commission. Furthermore, she pointed out
that despite the efforts made by the mediators, the meetings arranged within
such proceeding did not continue after such appearance. She added that they
have never been against the declaration of public utility of the Municipality of
Quito but that they have always claimed a fair compensation. She stated that
since 1991, when the Municipality declared her mother's property to be of public
utility, she has been prevented from entering into a construction work inside such
place. She clarified that the condemnation proceedings initiated by the
Municipality of Quito began two years after the effective possession of her
mother's property in 1994. Lastly, she expressed that her mother had to bear a
very heavy emotional burden that had affected her health.
b)
Susana Salvador Chiriboga: Proposed by the Commission and the
representatives; daughter of María Salvador Chiriboga. She rendered a very
detailed statement on all the proceedings initiated by her mother in order to
protect their rights. She pointed out that 16 years have passed since the
declaration of public utility and 11 years since the beginning of the condemnation
proceedings. She added that, despite the passage of the years since the beginning
of said proceedings, no legal compensation has been determined. Moreover, she
mentioned that the dominant role of the Municipality of Quito has affected her
family, not just for the hiring of attorneys in order to defend their rights and live
on alert for each municipal order, but also because of the conflicts within the
family life, since some of her brothers have wanted to abandon the fight, "[...]
since they thought it was impossible to fight on equal terms with the Municipality
[...]". She ended up indicating that this fight marked the life of her family.
c)
José Luis Paredes Sánchez: Proposed by the Commission and the
representatives: former owner of a property located in the area now occupied by
the Metropolitan Park of Quito (hereinafter, “Metropolitan Park”). He stated that,
in his capacity of former owner, he has defended the rights of other owners of
pieces of property located in the same region and that is why he knows lot of
people; that, due to the declaration of public utility, they had been deprived of
their properties without receiving any kind of compensation. He added that the
Municipality has used the time in its favor in order to force the affected people to
accept the offer and exchange their properties for other properties in regions very
much inferior to the ones they own. He indicated that, despite the fact that he
was deprived of his property, the Municipality forces him to pay taxes.
d)
Margarita Beatriz Rafiha El Fil Guerra: Proposed by the Commission and
the representatives; former owner of the property located in the area now
occupied by the Metropolitan Park. She stated that her wealth has been reduced
to three hectares as a result of the condemnation proceedings and the
declarations of public utility; that, in her case, they were seizures since she has
never been compensated. Moreover, she pointed out that the Municipality has