petition admissible. Subsequently, on July 17, 2008, it approved Report on Merits No. 30/08,3 under Article 50 of the Convention, which included specific recommendations for the State. The State was notified of this report on August 5, 2008. On July 2, 2009, after examining several reports forwarded by the State and the corresponding observations made by the petitioners, the Commission decided to submit the case to the jurisdiction of the Court, “because it considered that the State had not complied with the recommendations made in the Report on Merits.” The Commission appointed Paolo Carozza, a Commissioner at the time, and Santiago A. Canton, Executive Secretary, as delegates and Elizabeth Abi-Mershed, Deputy Executive Secretary, and Karla I. Quintana Osuna, Isabel Madariaga and María Claudia Pulido, specialists of the Executive Secretariat, as legal advisors. Subsequently, the Commission appointed María Silvia Guillén, Commissioner, because Commissioner Carozza’s mandate had concluded. 2. The application relates to the State’s alleged international responsibility for the alleged failure to ensure the right of the Xákmok Kásek Indigenous Community (hereinafter “the Xákmok Kásek Indigenous Community,” “the Xákmok Kásek Community,” “the Indigenous Community,” or “the Community”) and its members’ (hereinafter “the members of the Community”) to their ancestral property, because the actions concerning the territorial claims of the Community were being processed since 1990 “and had not yet been decided satisfactorily.” According to the Commission, “[t]his has meant that, not only has it been impossible for the Community to access the property and take possession of their territory, but also, owing to the characteristics of the Community, that it has been kept in a vulnerable situation with regard to food, medicine and sanitation that continuously threatens the Community’s integrity and the survival of its members.” 3. The Commission asked the Court to declare the State responsible for the violation of the rights established in Articles 3 (Right to Juridical Personality), 4 (Right to Life), 8(1) (Right to Judicial Guarantees), 19 (Rights of the Child), 21 (Right to Property), and 25 (Right to Judicial Protection) of the Convention, in relation to the obligations established in Articles 1(1) (Obligation to Respect Rights) and 2 (Domestic Legal Effects) of the Convention. The Commission asked the Court to order the State to adopt specific measures of reparation. The State and the representatives of the alleged victims were notified of the application on August 17, 2009. 4. On October 17, 2009, Oscar Ayala Amarrila and Julia Cabello Alonso, members of the organization Tierraviva a los Pueblos Indígenas del Chaco [Land for the Indigenous Peoples of the Chaco] (hereinafter “the representatives”) presented their brief with pleadings, motions and evidence (hereinafter “pleadings and motions brief”) on behalf of and in representation of the members of the Community. The Convention. Based on the factual and legal arguments, and without prejudging the respective merits in, considered the petition admissible with regard to the alleged violation of Articles 2, 8(1), 21, and 25 (Domestic Legal Effects, Right to Fair Trial, Right to Property and Right to Judicial Protection) of the American Convention and 1(1) (Obligation to Respect Rights) thereof, based on possible failure to comply with the obligation to adopt domestic legal provisions, to the detriment of the Xákmok Kásek Community of the Enxet-Lengua People and its members. 3 In Merits Report No. 30/08, the Commission concluded that the State had not complied with the obligations imposed by Articles 21 (Right to Property), 8(1) (Right to Fair Trail [Judicial Guarantees]), and 25 (Judicial Protection), all in relation to Articles 1(1) and 2 of the American Convention, to the detriment of the Xákmok Kásek Indigenous Community of the Enxet-Lengua People and its members. Moreover, in application of the iure novit curia principle, the Commission concluded that the State of Paraguay had not complied with the obligations imposed by Article 3 (Right to Juridical Personality), 4 (Right to Life), and 19 (Rights of the Child), all in relation to Articles 1(1) and 2 of the American Convention, to the detriment of the Xákmok Kásek Indigenous Community of the Enxet-Lengua People and its members. 2