3
PROCEEDINGS OF REPARATIONS BEFORE THE COURT
1.
On May 6, 2008, the Court2 issued a Judgment on the Preliminary Objections and the
Merits (hereinafter “the Judgment” or “the Judgment on the merits”), in which it decided:
Unanimously,
1.
To dismiss the preliminary objection of [non-exhaustion] of domestic
remedies raised by the State, in accordance with paragraphs 40 to 46 of the
[…]Judgment.
AND DECLARE[D]:
Six votes against two, that:
2.
The State violated the right to property in relation to Article 21(2) of the
American Convention on Human Rights, in relation to the rights to judicial
guarantees and protection enshrined in Articles 8(1) and 25(1) of the American
Convention, all in relation to Article 1(1) therein, to the detriment of María
Salvador Chiriboga, in accordance with paragraphs 48 to 118 of the […] Judgment.
Judge Quiroga Medina and Judge ad hoc Rodríguez Pinzón partially disagree with
regard to the violation of Article 25(1) of the American Convention on Human
Rights.
Unanimously that:
3.
It has not been proven that the State violated Articles 24 and 29 of the
American Convention on Human Rights, nor that the State has failed to comply
with Article 2 therein, to the detriment of María Salvador Chiriboga, under the
terms of paragraphs 123, 124, 129, 132 and 133 of the […] Judgment.
AND DECIDE[D]:
Unanimously that:
4.
The determination of the amount and payment of the just compensation for
the expropriation of the legally protected interests, as well as any other measure
intended to repair the violations declared in this Judgment, be made by common
consent between the State and the representatives, within a term of six months as
of notice of this Judgment, pursuant to paragraph 134 of the […] Judgment.
Unanimously that:
5.
The Court reserves the authority to verify whether such agreement is made
in accordance with the American Convention on Human Rights and proceed
accordingly. In case no agreement is reached, the Court shall determine the
corresponding reparations and the costs and expenses, continuing with the
corresponding procedure, pursuant to paragraph 134 of the […] Judgment.
2
The Court on that occasion was made up by the Judges: Cecilia Medina Quiroga, President; Diego GarcíaSayán, Vice-President; Sergio García Ramírez, Judge; Manuel E. Ventura Robles, Judge; Leonardo A. Franco, Judge;
Margarette May Macaulay, Judge; Rhadys Abreu Blondet, Judge, and Diego Rodríguez - Pinzón, Judge ad hoc.