2 Chiriboga siblings.)2 Mr. Julio Guillermo Salvador Chiriboga was declared “incapable” and her sister was appointed as her guardian by court's order. Subsequently, Mr. Salvador Chiriboga died on January 9, 2003 and her sister, María Salvador Chiriboga (hereinafter, "María Salvador Chiriboga", “Mrs. Salvador Chiriboga” or "alleged victim") was declared universal heir.3 On October 22, 2003, the Commission adopted the Report on Admissibility Nº 76/034 and on October 15, 2005, adopted the Report on the Merits No. 78/05,5 under the terms of Article 50 of the Convention, which contain certain recommendations that according to the Commission, have not been satisfactorily adopted by the State and for that, the Commission decided to bring the case to the jurisdiction of the Court.6 2. In accordance with the facts invoked by the Inter-American Commission, between December 1974 and September 1977, Salvador Chiriboga siblings inherited from their father, Guillermo Salvador Tobar, a property of 60 hectares, designated under number 108 of lot “Batán de Merizalde”. On May 13, 1991 the then Municipal Council of Quito (hereinafter, the “Municipal Council” or the “Council”), nowadays called Council of the Metropolitan District of Quito, declared the property of Salvador Chiriboga siblings to be of public utility in order to expropriate and take immediate possession of the property belonging to Salvador Chiriboga siblings. As a consequence of said municipal decision, Salvador Chiriboga siblings have filed several lawsuits and remedies with State’s authorities in order to resolve the declaration of public utility, as well as to claim for a just compensation according to the terms of the Ecuadorian legislation and the American Convention. 3. According to the Commission, as a response to the declaration of public utility of the property, Salvador Chiriboga siblings appealed such resolution to the Ministry of Government and on September 16, 1997, such ministry issued Ministerial Agreement N°. 408,7 which set aside the declaration of public utility. However, on September 18 of that same year, the Ministry of Government issued another Ministerial Agreement, Nº 4178 rendering without effect the previous Agreement Nº 408. 4. In accordance with the facts pointed out by the Commission, several judicial proceedings have been initiated. Three of them are still pending resolution, namely: a) claim for subjective remedy N° 1016 filed on May 11, 1994 with the First Chamber of the Court on Administrative matters in and for the city of Quito (hereinafter, the “First 2 During the processing of the case, both at the domestic and at the international level, Maria Salvador Chiriboga has exercised the rights she was personally entitled to and has acted on behalf of his brother until he died. By virtue of the foregoing, the term "Salvador Chiriboga siblings" o "Maria Salvador Chiriboga" will be used, during the different proceedings of the instant case, depending on the date of the proceeding as specified in the text. 3 Cf. deed executed by a notary regarding the rightful possession of the legally protected interests left by Mr. Julio Guillermo Salvador Chiriboga in favor of his heir Maria Salvador Chiriboga (record of appendixes to the brief of requests and arguments, Appendixes 27 to 51, p. 3036 to 3045). 4 In the Report on Admissibility Nº 76/06, the Commission decided to admit petition Nº 12.054 in relation to the rights enshrined in Articles 1, 2, 21(2), 8(1) and 25 of the American Convention. 5 In the Report on the Merits Nº 78/05, the Commission concluded that the State violated the rights contained in Articles 8 (Right to a Fair Trial), 21 (Right to Property) and 25 (Right to Judicial Protection) of the American Convention, in relation to Articles 2 (Domestic Legal Effects) and 1(1) (Obligation to Respect Rights) therein. 6 The Commission appointed Mr. Evelio Fernández Arévalos, Commissioner and Mr. Santiago A. Canton, Executive Secretary as Delegates and Ariel E. Dulitzky, Elizabeth Abi-Mershed, Mario López Garelli and Lilly Ching Soto as legal advisors. 7 Cf. Ministerial Agreement Nº 408 (record of appendixes to the complaint, appendixes 1 and 2, p. . 83 and 85). 8 Cf. Ministerial Agreement Nº 417 (record of appendixes to the complaint, appendixes 1 and 2, p. 87).