17.
The Court received different documents submitted as evidence by the InterAmerican Commission, the representatives and the State attached to their principal
briefs (supra paras. 1, 5 and 6). In addition, the Court received the affidavits of the
witnesses and expert witnesses listed in this section, on the topics mentioned below:
1)
Marcelo Arámbulo, witness proposed by the representatives, who testified
on the alleged responsibility of the Central Bank of Uruguay, its alleged failure to
exercise comptrollership, and other alleged illegal acts that occurred as a result
of the assistance provided to some of the institutions in trouble during the 2002
crisis;
2)
Victor Rossi, witness proposed by the representatives, who testified on the
actions of the Parliamentary Investigating Commission created during the 2002
crisis;
3)
Julio Herrera, witness proposed by the representatives, who testified on
the approval process of Law No. 17,613 and, in particular, on the intentions of
the Legislature when adopting this law and its article 31;
4)
Fernando Barrán, witness proposed by the State, who testified on the
circumstances surrounding the 2002 financial crisis in Uruguay, the performance
of the Central Bank of Uruguay, the measures adopted during this crisis, the
consolidated global monitoring regime, and the operations of the Banco de
Montevideo S.A. as a broker in providing clients with products of the Trade &
Commerce Bank;
5)
Jorge Xavier, witness proposed by the State, who testified on the situation
of the Banco de Montevideo S.A. before and after its intervention and suspension
of activities, as well as the way in which the said bank operated in providing its
clients with products of the Trade & Commerce Bank in the Cayman Islands;
6)
Rosolina Trucillo, witness proposed by the State, who testified on the
situation of the Banco de Montevideo S.A. before and after its intervention and
suspension of activities, as well as the way in which the said bank operated in
providing its clients with the product of Trade & Commerce Bank in the Cayman
Islands, and
7)
Julio de Brun, witness proposed by the State, who testified on the actions
of the Board of the Central Bank, when he presided this institution, with regard to
the petitions filed under article 31 of Law No. 17,613.
18.
As regards the evidence rendered at the public hearing, the Court received the
testimony of the following persons:
1)
Julio Cardozo, witness proposed by the representatives, who testified on
the approval process of Law No. 17,613 and, in particular, on the intentions of
the Legislature when adopting this law and its article 31;
2)
Augusto Durán Martínez, witness proposed by the State, member of the
Advisory Commission created by article 31 of Law No. 17,613, who testified on
the functioning of this committee, the criteria adopted to determine the
admissibility or rejection of petitions, and the administrative procedure regime to
which the contestation of its decisions was subject under both the administrative
and the jurisdictional channels;
3)
Nél
ida Mabel Daniele, expert witness proposed by the Inter-American Commission,
specialist in human rights and administrative law, who testified on the guarantees
7