35.
Regarding the State’s arguments (supra para. 34), the representatives of the
alleged victims indicated in their brief with final arguments that Uruguay was
interpreting Article 61 of the American Convention and Article 40 of the Court’s Rules of
Procedure erroneously. They stated that, although they had to respect the factual
framework established by the Commission, “in the petitioner’s opinion, there was
nothing to prevent that said factual framework resulting in the violation of other rights
from those considered by the [Inter-American Commission].” The representatives
maintained that “they had not introduce[d] a different case to the one submitted by the
[Inter-American Commission], but rather […] had merely considered that the facts
described in the matter gave rise to the violation of more rights that those understood
by the [Inter-American Commission].”
Considerations of the Court
36.
To decide this point, the Court bases itself on its consistent case law. This Court
has established that the Inter-American Commission’s application brief constitutes the
factual framework for the proceedings before the Court, so that it is not admissible to
argue new facts that differ from those set out in the said brief, without prejudice to
describing those that explain, clarify or reject the facts mentioned in the application, or
those related to the claims of the plaintiff.18 The exception to this principle concerns
facts that are classified as supervening; information on such facts may be sent to the
Court at any stage of the proceedings before the delivery of the judgment.19
Furthermore, the alleged victims and their representatives may invoke the violation of
rights other than those included in the application provided they relate to the facts
contained in that document, inasmuch as the alleged victims are the holders of all the
rights embodied in the Convention.20 In brief, it is for the Court to decide, in each case,
on the admissibility of arguments related to the factual framework in order to safeguard
the procedural balance of the parties.21
37.
In application of these criteria, the Court has verified that the factual framework
of this case includes the administrative procedures before the Central Bank of Uruguay
that decided the petitions of the alleged victims in relation to article 31 of the Law to
“Strengthen the Financial System” approved on December 21, 2002, as well as the
within the framework of the Advisory Commission with regard to the depositors of the Banco de Montevideo
who had TCB certificates of deposit,” it had violated “the principle of due judicial guarantees and of equality;
and, as to direct result of this, also the right to property.” In addition, regarding the latter, in their final written
arguments, they indicated that “the result of the incorrect application of criteria by the [Advisory Commission]
was that [their] savings were not returned [… which] constitutes the violation of the use and enjoyment of
[their] private property.”
17
In the “Purpose” of the pleadings and motions brief, the representatives asked the Court to declare
that Uruguay had violated Article 24 of the Convention, in relation to Article 1(1) thereof, by “applying in an
arbitrary and discriminatory manner certain rules of law during the proceedings before the Advisory
Commission, that resulted in the inclusion in the benefits of Law 17,513 of only 22 depositors, as well as
assisting certain offshore banking operations in the Uruguayan financial market in to discriminatory manner.”
18
Cf. Case of Five Pensioners v. Peru. Merits, reparations and costs. Judgment of February 28, 2003.
Series C No. 98, para. 153; Case of Vera Vera et al. v. Ecuador. Preliminary objection, merits, reparations and
costs. Judgment of May 19, 2011 Series C No. 224, para. 32; Case of Chocrón Chocrón v. Venezuela.
Preliminary objection, merits, reparations and costs. Judgment of July 1, 2011. Series C No. 227, para. 42,
and Case of Torres Millacura et al. v. Argentina. Merits, reparations and costs. Judgment of August 26, 2011.
Series C No. 229, para. 52.
19
Cf. Case of Five Pensioners v. Peru, supra note 18, para. 154; Case of Torres Millacura et al. v.
Argentina, supra note 18, para. 52, and Case of López Mendoza v. Venezuela, supra note 12, para. 27.
20
Case of Five Pensioners v. Peru, supra note 18, para. 155; Case of Torres Millacura et al. v.
Argentina, supra note 18, para. 52, and Case of López Mendoza v. Venezuela, supra note 12, para. 27.
21
Cf. Case of the Mapiripán Massacre v. Colombia. Merits, reparations and costs. Judgment of
September 15, 2005. Series C No. 134, para. 58; Case of Vera Vera et al. v. Ecuador, supra note 18, para. 32,
and Case of Torres Millacura et al. v. Argentina, supra note 18, para. 52
12