37
THE COURT,
DECIDES:
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 this Judgment.
AND DECLARES:
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 of that in
relation to Article 1(1) therein, to the detriment of María Salvador Chiriboga, in
accordance with paragraphs 48 to 118 of this 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 proved 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 this Judgment.
AND DECIDES:
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 the term of six months as from notice of this
Judgment, pursuant to paragraph 134 of this 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 this Judgment.
Judge Quiroga Medina and Judge ad hoc Rodríguez Pinzón advised the Court of their
Partially Dissenting Opinions and Judge Ventura Robles advised the Court of his
Concurring Opinion, which accompany this Judgment.
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