17 VI ARTICLES 21 (RIGHT TO PROPERTY),42 8(1) (RIGHT TO A FAIR TRIAL )43 44 AND 25(1) (RIGHT TO JUDICIAL PROTECTION) 45 IN RELATION TO ARTICLES 1(1) (OBLIGATION TO RESPECT THE RIGHTS) 46 AND 2 (DOMESTIC LEGAL EFFECTS) OF THE AMERICAN CONVENTION 48. The Court must determine, in light of the facts of the instant case, whether the limit to the right to property of Mrs. Salvador Chiriboga was imposed in accordance to the requirements established in Article 21 of the American Convention, as well as whether the State provided the right to a fair trial and the judicial guarantees enshrined in Articles 8 and 25 of the American Convention. 49. Since the facts related to the rights enshrined in such articles are interconnected between each other, the Court shall analyze them as a whole. In this way, the alleged violations of articles 8 and 25 of the Convention shall be assessed upon determining the requirements of Article 21 thereof. 50. The Commission alleged that the State has violated the right to property, since in spite of the challenges and the judicial lawsuits lodged by the alleged victim, the conduct of the State resulted in the deprivation of her property for more than a decade. During such period of time, no compensation has been paid. Furthermore, the representatives stated that there is no disputed fact regarding the authority of the State to condemn, but regarding the consequences of the limitation of the deprivation of the right to property and the lack of a fair compensation. 51. The Commission pointed out in the complaint that in order for the deprivation of a person’s property to be in keeping with the right to property as enshrined in Article 21 of the American Convention, it must be carried out according to the guidelines established by law. As to Article 8 of the Convention, the Commission alleged that there is evidence 42 Article 21(1) and 21(2) (Right to Property) of the Convention establishes that: Everyone has the right to the use and enjoyment of his property. The law may subordinate such use and enjoyment to the interest of society. […] No one shall be deprived of his property except upon payment of just compensation, for reasons of public utility or social interest, and in the cases and according to the forms established by law. […] 43 Article 8(1) (Right to a Fair Trial) of the Convention establishes that: Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature. […] 44 Article 25(1) and 25(2) (Right to Judicial Protection) of the Convention provides that: Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties. […] 45 According to Article 1(1) (Obligation to Respect the Rights) of the Convention, The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition. […] 46 Article 2 (Domestic Legal Effects) of the Convention establishes that: [W]here the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms.