51
representatives must present this Court with a slate of no less than two and no more
than three candidates. The Court will decide the third arbitrator from among the
candidates proposed by the parties. The amount decided by the arbitration tribunal must
be delivered to Mr. Chaparro within one year of notification of its decision, at the latest.
234. With regard to Mr. Lapo, the only possession that was seized from him was his
vehicle (supra para. 175), which has not yet been returned (supra para. 179). According
to the expert appraisal made by Kuri González, the value of the vehicle was calculated
“based on the valuation of the Guayas Transit Commission at US$1,150.09 [(one
thousand one hundred and fifty United States dollars and nine cents)].”160 The State has
not contested this conclusion and the Court finds it reasonable. Therefore, it decides that
the State must deliver the amount of US$1,150.09 (one thousand one hundred and fifty
United States dollars and nine cents) to Mr. Lapo, as compensation for the loss of his
vehicle. This amount must be delivered within one year of notification of this judgment.
b)
Loss of earnings
235. According to the expert appraisal provided by Kuri González, at the time of their
detention, Messrs. Chaparro and Lapo perceived a monthly salary of US$6,267.59 (six
thousand two hundred and sixty-seven United States dollars and fifty-nine cents) and
US$1,624.93 (one thousand six hundred and twenty-four United States dollars and
ninety-three cents), respectively.161 Based on this appraisal, the representatives
requested a sum of US$350,000.00 (three hundred and fifty thousand United States
dollars)162 for Mr. Chaparro and US$175,492.44 (one hundred and seventy-five thousand
four hundred and ninety-two United States dollars and forty-four cents)163 for Mr. Lapo,
for loss of earning from 1997 to 2006.
236. The Court notes that during the criminal proceedings against the victims in the
domestic sphere, socio-economic reports prepared by social workers were provided at
the request of the Guayas Twelfth Criminal Court. These reports indicated that Messrs.
Chaparro and Lapo received a monthly salary of approximately US$3,038.87164 (three
thousand and thirty-eight United States dollars and eighty-seven cents) and US$818.15
(eight hundred and eighteen United States dollars and fifteen cents) respectively.165
Moreover, there is a statement of contributions to the Ecuadorean Social Security
Institute corresponding to September 1997, which indicates for the salaries of Messrs.
Chaparro and Lapo the sums of US$3,155.75 (three thousand one hundred and fifty-five
United States dollars and seventy-five cents) and US$818.15 eight hundred and eighteen
United States dollars and fifteen cents), respectively.166 In view of the above, the Court
160
Cf. Testimony of Yazmín Kuri González, supra note 157 (folio 374).
161
Cf. Testimony of Yazmín Kuri González, supra note 157 (folio 364).
162
Cf. Testimony of Yazmín Kuri González, supra note 157 (folio 369).
163
Cf. Testimony of Yazmín Kuri González, supra note 157 (folio 374).
164
Cf. socio-economic and family report on Juan Carlos Chaparro Álvarez issued on January 20, 1998,
(judicial case file, Volume 27, folio 4245). The report indicated that Mr. Chaparro had stated that his work
“earned him a monthly income of 13 million sucres.”
165
Cf. socio-economic and family report on Freddy Hernán Lapo Íñiguez issued on January 2, 1998,
(judicial case file, Volume 25, folio 4025). The report indicated that Mr. Lapo Iñiguez “received a monthly
remuneration of 3,500,000 [sucres].”
166
Cf. statement of contributions to the Ecuadorean Social Security Institute of Empresa Aislantes
Plumavit del Ecuador C. Ltda for September 1997 (file on merits, volume III, folio 854). The statement
indicated that the salary of Mr. Chaparro was 13,500,000 sucres and that of Mr. Lapo was 3,500,000 sucres.
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