II. Violation of Article 25(1) of the Convention
Following the same process as in Part I of this dissenting opinion, I will first describe
the facts and then apply the norm that they indicate was violated.
A. Facts
In the instant case, remedies were filed before two judicial organs: one, the
Contentious-Administrative Tribunal, and the other the ordinary courts.
Regarding the former, the judgment records that “[i]n the instant case, it has been
proved that it was possible to file an appeal for annulment before the ContentiousAdministrative Tribunal against the final decision of the Board of the Central Bank
concerning a petition under article 31 of Law 17,613, that 39 alleged victims filed this
appeal, and that all of them obtained an adverse ruling from this tribunal.”33
Regarding the second, “[t]he Court found it proved that at least 136 alleged victims
filed actions in the ordinary jurisdiction against the Banco de Montevideo based on,
inter alia, breach of contract and requests for compensation for damage. In 10 cases
the Banco de Montevideo was found guilty and the decision is final in nine of them.”34
However, it should be noted that what the Court ruled on in this regard was whether or
not the remedies that were filed permitted the annulment of the Bank’s decision under
the provisions of article 31. Thus, the judgment indicates that “[i]n this case, the Court
is called upon to determine whether, in the procedures in which the said norm was
applied, the guarantees of due process and judicial protection of the alleged victims
were violated.”35
For this purpose, the norm considered applicable is Article 25(1) of the Convention
(hereinafter, Article 25(1)), which reads as follows:
“Judicial Protection
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.”
1. Remedies before the Contentious-Administrative Tribunal
a. Facts or background information
Regarding this matter, the judgment indicates that “[a]n appeal for annulment of the
decisions of the Board of the Central Bank could be made before the ContentiousAdministrative Tribunal,” and that “[a]ccording to article 309 of the Uruguayan
33
Para. 205.
34
Para. 224.
35
Para. 115.
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