34
practices that are within such scope, if applicable.118 The second one imposes an
obligation on the States to prevent further violations of human rights and therefore, to
adopt all legal, administrative and other measures necessary to prevent further
occurrence of similar facts.119
123. In regard to the domestic legislation, as to the constitutional, civil-procedural,
administrative-contentious procedural and administrative procedural aspects applied to
the instant case, the Court considers that, after having analyzed it, said legislation
adjusts to the provisions established in the American Convention. Moreover, this Tribunal
notes that, as established in this Judgment, the delay in the proceedings and the
ineffectiveness of the remedies are not the direct result of the existence of rules
incompatible with the Convention or of the lack of rules that prevent this situation.
Likewise, the Court considers that there is no proof of the fact that the alleged violations
and circumstances of the case at hand constitute a generalized problem in the processing
of this type of proceedings in Ecuador.
124. Consequently, this Tribunal cannot conclude that the State has failed to comply
with Article 2 of the American Convention.
VII
ARTICLES 24 (RIGHT TO EQUAL PROTECTION)120 IN RELATION TO
ARTICLE 1(1) (OBLIGATION TO RESPECT THE RIGHTS) 121
OF THE AMERICAN CONVENTION
125. The Inter-American Commission did not submit any arguments related to Article
24 of the American Convention.
126. In the brief of requests and arguments, the representatives alleged that the
violation of the right to property led to the violation of the right to equal protection
before the law. To such end, they argued that: a) since the Municipality denied the
authorization to Salvador Chiriboga siblings to develop a piece of property, they turned to
the administrative courts where they claimed "[...] equal treatment before the law[...]",
since in an adjacent property, the Municipality did grant the authorization to develop.
Neverthless, said claim was declared inadmissible. By virtue of the foregoing, according
to the representatives, said decision constituted a discriminatory act inasmuch as
Salvador Chiriboga siblings could not exercise their right to property, in conditions
identical to the ones exercised by the owners of the adjacent piece of lands; and b)
unlike the other people whose properties were also declared to be public utility, the State
restricted the right of Salvador Chiriboga sibling to access to a judicial procedure within a
reasonable time, in order to determine their rights, which placed them in a position
inferior to the other people who are in similar conditions.
117
Cf. Case of Caesar v. Trinidad and Tobago. Merits, Reparations and Costs. Judgment of March 11, 2005.
Series C No. 123, para. 94 and 132. Case of Yatama, supra note 52, para. 254; and Case of Zambrano Vélez,
supra note 53, para. 57.
118
Cf. Case of La Cantuta v. Perú. Merits, Reparations and Costs. Judgment of November 29, 2006. Series C
N°. 162, para. 172; and Case of Zambrano Vélez et al., supra note 53, para. 57.
119
Cf. Case of Zambrano Vélez et al., supra note 53, para. 153.
120
In its pertinent part, Article 24 (Right to Equal Protection) provides for: All persons are equal before
the law. Consequently, they are entitled, without discrimination, to equal protection of the law.
121
Cf. supra note 45.
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