30
which “only purpose shall be the determination of the amount to be paid as price for the
condemned thing, […],”104 and “ the judge shall deliver a judgment within eight days as
of the submission of the expert report […]”105 and the filing of interlocutory motions is
not allowed within such proceeding.106 In accordance with the domestic legislation, the
term established for this kind of proceeding is 38 days,107 to which the terms derived
from other circumstances of the case shall have to be added. Furthermore, section 312 of
the Civil Procedural Code108 establishes the possibility for a judge to grant an
extraordinary term, which shall never be greater than three times the ordinary term. In
such sense, the expert witness, Neira Orellana, in the opinion rendered before the Court,
agreed on stating that one of the criterion regarding the reasonable time is that the
resolution of a condemnation proceeding shall last no longer than three times the term
established by law (supra para. 20(b)).
106. The Court notes that, in consideration of the domestic legislation, the
condemnation proceeding is not a complex process but a prompt one. The purpose of the
proceeding is simple; mainly to ascertain the value of the condemned property where the
domestic judge is the person that must determine the price of the property. As to the
procedural records of the victim's pleadings, in the instant case, Mrs. Salvador Chiriboga
is the only person affected by the expropriation of her property and as is evident from
the analysis of the case, there is no proof that her actions may have obstructed or
delayed the proceeding.
107. Moreover, this Tribunal notes that in the instant case, the State is a party109 to the
proceeding, given the fact that it had initiated an expropriation proceeding and, at the
same time, is exercising its judicial function, which is being reflected on the procedural
activity administered by the Ecuadorian judicial system. Regarding the behavior of the
judicial authorities in charge of conducting the proceeding, the Court considers that they
have not acted with due diligence, and this is evidenced, for example, as from the
disqualification of the Judge in charge of the Ninth Trial Court dated February 17, 1997,
since at that moment, supposedly, the proceedings were to be referred to an
Administrative-Contentious Tribunal. However, in the case file of the expropriation
proceedings, between February 17, 1997 and January 25, 2006, there are only a few
judicial orders carried out by the judge, but none of them leads to a final decision of the
case, thus, this proceeding has been in a halt during such period. The proceeding was
104
Cf. Civil Procedural Code, coding N° 000. R. O. sup. 687 of May 18, 1987, section 793.
Cf. Civil Procedural Code, coding N° 000. R. O. sup. 687 of May 18, 1987, section 799.
106
Section 800 of the Civil Procedural Code establishes that: “[i]n the proceedings, no interlocutory
motions are allowed and all the observations of the interested parties shall be considered and decided in the
judgment”.
107
Section 799 of the Civil Procedural Code establishes that “[u]pon the filing of the complaint […] the
judge shall appoint an expert witness […] to ascertain the value of the property. At the same time, it shall
summon all the people […] in order to appear in court to make use of their rights within fifteen days. Said term
shall start running simultaneously for every party involved. In the same court order, the judge shall fix a term
within which the expert or experts witnesses must submit their report; said term shall not exceed fifteen days,
as of the expiration of the previous term”. Moreover, Section 802 of the Civil Procedural Code provides that
“[t]he judge shall deliver a judgment within eight days as of the submission of the expert report”. To such
regard, the Court notes that the general terms that the Civil Procedural Code establishes for all civil trials
should be added to the term of 38 days.
108
Section 312 establishes that: “[w]hen a judge grants an extraordinary term, it shall determine, in the
same court order , in detail, the number of days that such term shall last, according to the time used for the
forwarding of the documents and judicial proceedings; such term shall never be greater than three times the
ordinary term and shall run as from the issuance date of the pleading, official letter or other document. The
secretary of the tribunal shall certify this taking into account the issuance date”.
109
Section 796 of the Civil Procedural Code establishes that :"[f]or the condemnations determined by
other institutions of the Public Sector [different from the national sector], the complaint shall be filed by their
respective official representatives”.
105
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