RIGHTS TO JUDICIAL GUARANTEES,31 JUDICIAL PROTECTION,32 AND EQUAL PROTECTION,33 IN RELATION TO THE OBLIGATION TO RESPECT AND GUARANTEE RIGHTS 34 60. Taking into account the alleged violations and the factual framework of this case (supra paras. 37 to 41), in this chapter, the Court will: (A) determine the relevant proven facts for understanding and settling the dispute; (B) analyze the judicial guarantees in the procedure before the administrative body (the Board of the Central Bank) responsible for deciding the petitions under article 31 of Law No. 17,613 and in the judicial proceedings before the Contentious-Administrative Tribunal which decided the corresponding appeals for annulment, and (C) analyze the alleged lack of judicial protection owing to the alleged ineffectiveness of the remedy before the said Administrative Tribunal and to the alleged inexistence of “a simple and prompt remedy to examine the factual and legal issues related to the dispute before it.” Regarding the arguments concerning violations to guarantees of due process, the Court will examine together in the said section (B), those applicable to both the Central Bank and the Contentious-Administrative Tribunal, and will examine separately, in section (C), the alleged violations in the proceedings before the Contentious-Administrative Tribunal. A. Proven facts in relation to the alleged violations of the guarantees of due process and judicial protection 61. Before determining the relevant facts to decide this case, the Court finds it pertinent to state that a group of clients of a private bank in Uruguay allege that they are victims of violations of due process and judicial protection. This is in the context of a remedy created by the State to deal with their claims concerning their right to be recognized as depositors of the said financial institution at the time of its dissolution, even though their funds do not appear registered in an account or deposit with this bank. A.1. Context of the banking crisis in Uruguay 62. Towards the end of 2001, the Uruguayan banking sector was perceived to be reasonably healthy because, with some exceptions it was adequately capitalized, it had an acceptable level of liquidity, and it did not have a significant exposure to the public 31 Article 8(1) of the American Convention (Right to a Fair Trial) stipulates that: 1. Every person has the right to a hearing, with due guarantees and within to reasonable time, by to competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of to criminal nature made against him or for the determination of his rights and obligations of to civil, labor, fiscal, or any other nature. 32 Article 25(1) of the American Convention (Right to Judicial Protection) establishes 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. 33 Article 24 of the Convention (Right to Equal Protection) stipulates that: All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law. 34 El Article 1(1) of the American Convention (Obligation to Respect Rights) provides that: 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. 19