40
128. The representatives requested that the Court order that the State offer a public apology
to Mrs. María Salvador Chiriboga for the violation of her rights, which must be offered by the
Mayor of the Metropolitan District of Quito. The State did not refer to this.
129. The Court has ordered the realization of acts of public acknowledgement of international
responsibility as a guarantee of non-repetition of the facts, generally, even though not
exclusively, with the purpose of repairing violations to the right to life, and personal integrity
and freedom.170 The Tribunal does not consider that said measure is necessary to repair the
violations proven in the present case, since the issuing of the Judgment of May 6, 2008, and
the present Judgment and their publication constitute themselves important measures of
reparation.
3.
Guarantees of non-repetition
a)
Request of training measures for administrative and judicial officials
130. The representatives requested that the Court order that the State adequately train the
administrative and judicial officials involved in expropriation processes on human rights.
Likewise, the Commission requested that the State be ordered to adopt the measures
necessary to “make effective, in reality, the legislation on expropriation, so that it will regulate
and execute the guarantees that must be present in the expropriation processes and thus
avoid that they generate situations of injustice and even more so that they be prolonged in
time.” The State did not refer to this matter.
131. In this sense, the Judgment on the Merits stated that the domestic regulations, namely,
constitutional, on civil procedures, on contentious administrative procedures, and on
administrative procedures applied to the present case, adjusts to the American Convention,
and it was not proven that the violations and circumstances proven in the case sub judice
constitute a generalized problem in the substantiation of these type of trials in Ecuador.
Therefore, the Tribunal decided that “it cannot conclude that the State failed to comply with
Article 2 of the American Convention.” Thus, for the previously mentioned reasons, this Court
considers that it is not necessary to order the training measures requested.
E)
Costs and expenses
132. The costs and expenses are included in the standards of reparation enshrined in Article
63(1) of the American Convention.171
133. The representatives requested that the Court order the State to pay US$46,083.58
(forty six thousand eighty three dollars of the United States of America with fifty-eight
cents)172 for the fees for the attorneys Alejandro Ponce Martínez and Alejandro Ponce Villacís
and for expenses incurred in both in the domestic realm and before the Inter-American system
for the protection of human rights, which amounted to said sum at the time the brief of
motions and pleadings was filed on March 18, 2007.
170
Cf. Case of Castañeda Gutman
V. México, supra note 124, paras. 236 and 239; Case of Escher et al., supra note 124, para. 243, and Case of Garibaldi
V. Brazil. Preliminary Objections, Merits, Reparations and Costs. Judgment of September 23, 2009. Series C No. 203,
para. 161.
171
Cf. Case of Garrido and Baigorria V. Argentina. Reparations and Costs. Judgment of August 27, 1998, para.
79; Case of Gomes Lund et al. (“Guerrilha do Araguaia”) V. Brazil, supra note 8, para. 312, and Case of Cabrera
García and Montiel Flores V. México, supra note 8, para. 262.
172
The representatives requested US$46,083.58 (forty six thousand, eighty three dollars of the United States of
America and fifty eight cents). (case file of Merits, tome II, folio 177, and case file of Reparations and Costs, tome II,
folio 254).The tables regarding costs and legal fees presented by the representatives are US$23,622.36 (twenty three
thousand, six hundred and twenty two dollars of the United States of America and fifty eight cents) and US$22,461.22
(twenty two thousand four hundred and sixty one dollars of the United States of America and twenty two cents). (case
file of annexes to the brief of motions and pleadings, annex 57, folio 3213 and annex 58, folio 3370).
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