142. The Court concludes that the special administrative procedure was ineffective, in
light of what it had to determine (supra paras. 133 to 136), because the Central Bank
made an incomplete analysis of the merits of the petitions; this meant that the State
violated the material sphere of the right to be heard protected by Article 8(1) of the
American Convention, in relation to Article 1(1) thereof, to the detriment of the 539
persons who filed a petition under article 31 of Law 17,613, who are listed in the Annex
on victims to this judgment.
143. Regarding the names of these 539 victims, the Court has verified some
differences or errors in the names indicated by the Inter-American Commission and
those that appear in the respective files and decisions of the Central Bank of Uruguay,
as well as some names that are repeated on the list forwarded by the Inter-American
Commission.223 To determine and identify the victims in this case, the Court will take
223
According to the evidence provided, the Court has verified the following differences between the
identification made of the alleged victims by the Inter-American Commission and the names that appear in the
respective Central Bank’s decision: (1) “Ferraro, Soledad”, who the Court understands is “María Soledad
Ferraro Core”, as she appears in the Central Bank’s decision; (2) “Bordad, Javier”, who the Court understands
is “Ignacio Bordad” because, from his Central Bank file, it is apparent that his complete name is “Ignacio Javier
Bordad”; (3) “Griffin, Juan”, who the Court understands is the person who appears in a Central Bank decision
as “Juana Griffin”; (4) “Losada Collazo, Juan”, who appears in the Central Bank’s decision as “Juan Losada”;
(5) “Frabaile, Carlos”, who the Court understands is the person who appears in a Central Bank decision as
“Carlos Frabasile”; (6) “Castaña, Gonzalo”, who the Court understands is the person who appears in a Central
Bank decision as “Gonzalo Castagna”; (7) “Delfante, José”, who appears in the Central Bank’s decision as
“Eduardo Delfante”, but appeared as “José Delfante” in the table provided by the State on June 15, 2011 (file
of petitions under article 31 of Law 17,613 before the Central Bank); (8) “Dura, Rey”, who appears in the
Central Bank’s decision as “Daniel Dura”, but appeared as “Rey Dura” in the table provided by the State on
June 15, 15 2011 (file of petitions under article 31 of Law 17,613 before the Central Bank); (9) “Guimaraens,
Griselda”, who appears in the Central Bank’s decision as “Griselda Marisa Urtiaga Guorisea”, but appears as
“Griselda Guimaraens” in the table provided by the State on June 15, 2011 (file of petitions under article 31 of
Law 17,613 before the Central Bank); (10) “Santiesteban, Luis Fernando”, who the Court understands is the
persons who appears as “Luis Santisteban” in the table provided by the State on June 15, 2011 (file of
petitions under article 31 of Law 17,613 before the Central Bank); (11) “Pereira, Cecilia”, who the Court
understands is the person who appears in a decision of the Central Bank as “Cecilia Pereiro”; (12) “Pelufo
Biselli, Emilio”, who the Court understands is the same person who appears in a decision of the Central Bank
as “Peluffo, Emilio”; (13) “Moreira, Marta”, who the Court understands is the same person who appears in a
decision of the Central Bank under the name “Martha Moreira”; (14) “Mainardi Rial, María”, who the Court
understands is the same person who appears in the Central Bank’s decision as “María Victoria Mainardi”; (15)
“Leroy, Yean”, who the Court understands is the same person who appears in a decision of the Central Bank as
“Jean Leroy”; (16) “Kouyoomdjian, José”, who the Court understands is the same person who appears in a
decision of the Central Bank as “José Kouyoumdjian”; (17) “Haschke, Erika”, who appears in the Central
Bank’s decision as “Erika Dagmar Haschke”; (18) “Harcevnicov, Jorge”, who the Court understands is the same
person who appears in a decision of the Central Bank as “Jorge Harcenicow”; (19) “Goigochea, Héctor”, who
the Court understands is the same person who appears in a decision of the Central Bank as “Héctor
Goicochea”; (20) “Gigli Rodríguez, Ma. Iverice”, whose file before the Central Bank reveals that he name is e
María Ivelice Gigli Rodríguez”, and who appears in the respective decisions of the Central Bank as “María
Gigli”; (21) “Gavioli Piedrahita, José”, who appears in the respective decision of the Central Bank as “José
Gavioli”; (22) “Cholaguidis, Elizabeth” who the Court understands is the same person who appears in a
decision as “Elizabeth Cholaquidis”; (23) “Barreto Trillo, Vivián”, who the Court understands is the person who
appears in a decision of the Central Bank as “Vivian Barretto”; (24) “Balcarcel, Liliana”, who the Court
understands is the same person who appears in the Central Bank’s decision as “Liliana Barcarcel”; (25) “Alves
Serra, Gloria Renée”, who the Court understands is the same person who appears as “Gloria Alvez” the Central
Bank’s decision; (26) “Alsugaray Rodrígues, Carolina”, who the Court understands is the same person who
appears in the Central Bank’s decision as “Carolina Alzugaray”; (27) “Abella Demarco, Cristina”, who the Court
understands is the same person who appears in a decision of the Central Bank under the name “Maria Cristina
Abellá Demarco”; (28) “Saban Cherasi, Nesim”, who the Court understands is the same person who appears in
a decision of the Central Bank as “Nesim Selmo Saban”; (29) “Saquieres Garrido, Neli”, who the Court
understands is the same person who appears in a decision of the Central Bank as “Nelly Saquieres Garrido”;
(30) “Abisab Ache, Chemel”, who the Court understands is the person who appears in a decision of the Central
Bank as “Chemel Abisabb Ache”; (31) “Bengochea San Martín, María”, who the Court understands is the same
person who appears the Central Bank’s decision as “María Luisa Bengochea.” Also, according to the information
and the observations presented by the parties, the Court has verified the following: (1) the alleged victim
indicated by the Inter-American Commission as “Antuna Zumarán, María”, corresponds to the person who
appears in a decision of the Central Bank as “María Carolina Antuña”; (2) the name of the victim Pierina Ivaldi
was repeated on the individualized list presented by the Inter-American Commission, under numbers 79 and
339; (3) the name of the victim María Elvira Quintans was repeated on the individualized list presented by the
Inter-American Commission, under numbers 260 and 540; (4) the alleged victim indicated by the InterAmerican Commission as “Coronato, Roque”, in fact includes two different people, “Roque Coronato Buono”
58