Due to the relentless political persecution of the Ecuadorian Tax Administration(SRI) against me and for the absolute absence of minimal guarantees for a fair judicial process in Ecuador, I have decided to appear before the Inter      American System of Human Rights to present a formal complaint against the Republic of Ecuador based on the second paragraph of the Article 31 of the Rules of Procedure of the Inter American Court of Human Rights, in which it clearly states that there is no requirement to exhaust of domestic remedies, when the legislation of the state concerned cannot afford the process for the protection of the right or rights that have allegedly been violated or the party alleging violation for his or her access to domestic solutions, or has been prevented from exhausting them. It is obvious that I am in both circumstances.

I have requested the Commissioners of the Inter American Commission on Human Rights to     remember the judicial precedent dictated by the Inter American Court of Human Rights regarding the case Baruv Ivcher vs Peru, which ended with the judgment against the State of Peru for violating Art.8 (Judicial Guarantees); 21,2 (Private Property) and 25,1 (Judicial Tutoring)of the American Human Rights Convention.

Surely, the Director of the Ecuadorian Tax Administration(S.R.I), ignores the fact that in the aforementioned case, the arbitrary measures taken of dispossession of the Television station, legitimately  owned by Mr. Ivcher and its subsequent sale to individuals vitiated by nullity. Surely, it was never analyzed by Judges serving the former President Fujimori, but these events were condemned by the Inter American Court of Human Rights.

It is evident that I am an object of discrimination in an effort to persecute EXPORTADORA BANANERA NOBOA, my former employer, with a total tax assessment of U.S: $ 93,000,000,00 which is a hundred times more than what was declared by other Ecuadorian banana exporters with similar export volumes like EXPORTADORA BANANERA NOBOA. (See the attached chart)

Everyone knows in Ecuador the persecution carried out against any Judge that legally ruled in favor of EXPORTADORA BANANERA NOBOA, which were immediately disqualified, persecuted and                     incarcerated to subsequently change the original decision issued in favor of EXPORTADORA BANANERA NOBOA and to issue a new one in favor of the Ecuadorian Tax Administration (SRI).

I am the largest employer of Ecuador, and in three occasions I have run for President of Ecuador against Economist Rafael Correa, current head of the State of Ecuador.

Has it been the intention of the current head of the State of Ecuador to persecute, intimidate, causing me economic damage and hurting my image for being his main political opponent after I defeated him in the first round of the elections in 2006?

 

Álvaro Noboa

Juan Vizueta Ronquillo
Attorney At Law
[email protected]

 

Related Posts via Categories

• Vizueta: “The processes just started”
• IS IT CORRECT TO REGISTER THE ADJUDICATION -TROUGH ILLEGAL AUCTION – OF THE FARMS LA CLEMENTINA, EL TEJANO AND RIO PLAYON IN THE PROPERTY REGISTRY OF BABAHOYO?
• DEBT OF WORKERS OF HACIENDA LA CLEMENTINA WITH THE NATIONAL FINANCE CORPORATION WOULD BE UN-PAYABLE
• We have come forth as ExportadoraBananeraNoboa to pay the alleged debt but the Ecuadorian Tax Administration has not accepted our payment. In conclusion, the purpose was not to collect, nor to give away La Clementina Farm to the workers nor to protect the environment but rather to retain La Clementina Farm and continue to harm and persecute Alvaro Noboa.
• WASHINGTON POST: ALVARO NOBOA ECUADORIAN PRESIDENTIAL CANDIDATE FILES A COMPLAINT BEFORE THE INTER AMERICAN COMMISSION ON HUMAN RIGHTS
• WASHINGTON POST: ALVARO NOBOA FILES A COMPLAINT BEFORE THE INTER AMERICAN COMMISSION ON HUMAN RIGHTS
• EL NUEVO HERALD: THE ATTORNEY ALVARO NOBOA WILL FILE A COMPLAINT BEFORE THE INTER AMERICAN SYSTEM OF HUMAN RIGHTS AGAINST THE ECUADORIAN STATE
• Illegal auction of Hacienda La Clementina by the Internal Revenue Service of Ecuador with the aim of persecuting Bananera Noboa Exporting Company former employer of Alvaro Noboa
• HOW THE ECUADORIAN TAX ADMINISTRATION (SRI) FORMULATED A TAX ASSESSMENT ON EXPORTADORA BANANERA NOBOA FOR THE YEAR 2005, THE EMPLOYER OF ALVARO NOBOA, PRESIDENTIAL CANDIDATE IN ECUADOR RUNNING AGAINST RAFAEL CORREA
• El Nuevo Herald: HOW THE INTERNAL REVENUE SERVICE IN ECUADOR FABRICATED A GLOSS ON EXPORTADORA BANANERA NOBOA IN 2005