by this body “far exceeded the projections, which, at the start, were estimated to be
around 300 cases, [and also because of the] complex examination required for each
file.”102 The Advisory Commission had a “special mission-based” nature, so that, when
its mandated ended, it dissolved.103
A.2.e) Procedure under article 31 of Law No. 17,613
82.
Those who were considered holders of placements in the Banco de Montevideo (in
liquidation), whose funds had been transferred to other institutions without their
consent, had until January 31, 2003, to make the pertinent claim before the Central
Bank of Uruguay under article 31 of Law 17,613.104
83.
According to the resolution creating the Advisory Commission, “the general
principles for administrative proceedings set out in the Rules of Administrative Procedure
of the Central Bank of Uruguay would be used to substantiate the claims before the
Commission,” and “the evidence would be assessed in accordance with the provisions of
the General Procedural Code.”105
84.
The procedure was initiated by the submission of a written petition to the Central
Bank, to which the interested party or parties had to attach all the documentation
supporting their claim as “an essential requirement for their own interest.”106
Subsequently, based on the administration’s ex officio investigative powers,107 the
Advisory Commission sent the file to the Banco de Montevideo (in liquidation) or the
Banco La Caja Obrera (in liquidation), so that they could add any documentary records
and information on the client and his operations with the respective bank.108 Then, the
file was sent to the Financial Institutions Superintendence, where a technical official
examined it and produced a written assessment of whether the petition complied with
the requirements of article 31.109 Following the report, the file was forwarded to the
Advisory Commission for its consideration, and the Commission prepared its decision,
which required the favorable vote of the absolute majority of its members, after which
this was forwarded to the Board of the Central Bank, for consideration.110
102
Cf. The Central Bank of Uruguay’s file on the Commission’s constitution (file of attachments to the
answer, volume XIII, attachment 30, folios 19580 and 19588).
103
Cf. Testimony of the witness Augusto Durán Martínez before the Inter-American Court during the
public hearing in this case.
104
Cf. Decision D/933/2002 of the Board of the Central Bank of Uruguay of December 31, 2002, twentyseventh operative paragraph, subparagraph 7), section (c) (file of attachments to the application, volume I,
attachment 10, folio 2175).
105
Decision D/37/2003 of the Board of the Central Bank, third and fourth operative paragraphs, supra
note 95 (folio 19546).
106
Decision D/37/2003 of the Board of the Central Bank, third operative paragraph, supra note 95 (folio
19546) and brief with answers of the members of the Advisory Commission ante the 19th Criminal Judge of
First Instance, supra note 99 (folio 13241).
107
Testimony of the witness Augusto Durán Martínez before the Inter-American Court during the public
hearing in this case.
108
Cf. Brief with answers of the members of the Advisory Commission to the 19th Criminal Judge of First
Instance, supra note 99 (folio 13241); fourth operative paragraph of Decision D/37/2003 of the Board of the
Central Bank, supra note 95 (folio 19546); Testimony of the witness Augusto Durán Martínez during the public
hearing in the instant case, and communication of the members of the Advisory Commission addressed to the
President of the Central Bank of Uruguay of March 24, 2003 (file of attachments to the answer, volume XIII,
attachment 30, folio 19581).
109
Brief with answers of the members of the Advisory Commission to the 19th Criminal Judge of First
Instance, supra note 99 (folio 13241) and Testimony of the witness Augusto Durán Martínez before the InterAmerican Court during the public hearing in this case.
110
Cf. Decision D/37/2003 of the Board of the Central Bank, sixth operative paragraph, supra note 95
(folio 19546); Brief with answers of the members of the Advisory Commission to the 19th Criminal Judge of
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