timely and lawful manner to place the Banco de Montevideo in administration and to resolve
the claims presented both by the depositors of the Banco de Montevideo and by the TCB
investors. Thus, based on its analysis of the merits of the claims presented by the TCB
investors, the Special Commission found that the various forms of expression of consent, the
documents signed by the investors, the explanation of their investment, account statements,
and the higher interest earned by a placement in an offshore bank, demonstrated awareness
and willingness to transfer funds beyond the country's borders. Accordingly, the Special
Commission did not act arbitrarily or in a discriminatory manner. On the contrary, it acted in
accordance with the law in order to avert possible injury to the legitimate Banco de Montevideo
depositors.
24. The State concludes that the Central Bank of Uruguay, the Ministry of Economy and
Finance, and the Executive Branch did not violate the right to property nor did they deprive the
petitioners of that right. The State says it protected the real creditors of the Uruguayan
financial institution that was now in liquidation and sought through legislative solutions and
administrative and judicial actions to recover their savings, a course of action that is
symptomatic of a state in which the rule of law prevails and that demonstrates recognition and
defense of the right to property.
IV.
ANALYSIS OF ADMISSIBILITY
A.
Competence of the Commission
rationetemporis, and ratione loci
ratione
materiae,
ratione
personae,
25. The petitioners are entitled under Article 44 of the American Convention to lodge petitions
with the Commission. The petition names as alleged victims Alicia Barbani Duarte, María del
Huerto Breccia Farro, and 686 other, individually identified persons, for whom Uruguay
undertook to respect and ensure the rights enshrined in the American Convention. Insofar as
the State is concerned, the Commission notes that Uruguay has been a State party to the
American Convention since April 19, 1985, when it deposited the respective instrument of
ratification. Therefore, the Commission has competence, ratione personae, to examine the
petition.
26. The Commission has competence, ratione materiae, because the petitioners alleged
violations of rights protected by the American Convention in Articles 1(1), 2, 4, 21, and 24 of
said Convention.
27. The Commission has competence, ratione temporis, because the obligation to respect and
ensure the rights protected in the American Convention was in force for the State at the time
the events alleged in the petition are said to have occurred.
28. The Commission has competence, ratione loci, because the petition alleges violations of
rights that occurred in the territory of a State Party to the American Convention.
B.
Other admissibility requirements
Exhaustion of domestic remedies
a)
A remedy is created to assist the victims of the bank collapse
29. The petitioners argued that despite their efforts to obtain a remedy at the domestic level,
they were allegedly frustrated because the only domestic remedy available to them was
decided by the administration in an arbitrary and discriminatory manner.8 According to the
8
On June 17, 2005, the petitioners informed the Commission that a government prosecutor, based on a criminal
complaint brought by the group of depositors, sought the imprisonment pending trial of three lawyers who were part
7