3 PROCEEDINGS OF REPARATIONS BEFORE THE COURT 1. On May 6, 2008, the Court2 issued a Judgment on the Preliminary Objections and the Merits (hereinafter “the Judgment” or “the Judgment on the merits”), in which it decided: 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 the […]Judgment. AND DECLARE[D]: 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 in relation to Article 1(1) therein, to the detriment of María Salvador Chiriboga, in accordance with paragraphs 48 to 118 of the […] 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 proven 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 the […] Judgment. AND DECIDE[D]: 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 a term of six months as of notice of this Judgment, pursuant to paragraph 134 of the […] 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 the […] Judgment. 2 The Court on that occasion was made up by the Judges: Cecilia Medina Quiroga, President; Diego GarcíaSayán, Vice-President; Sergio García Ramírez, Judge; Manuel E. Ventura Robles, Judge; Leonardo A. Franco, Judge; Margarette May Macaulay, Judge; Rhadys Abreu Blondet, Judge, and Diego Rodríguez - Pinzón, Judge ad hoc.

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