Table of contents Paragraphs I. II. INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE PROCEEDINGS BEFORE THE COURT 1 7 III. IV. COMPETENCE EVIDENCE A. Documentary, testimonial and expert evidence B. Admission of the evidence B.1 Admission o the documentary evidence B.2 Admission of the testimonial and expert evidence 15 16 17 19 21 27 V. PRIOR CONSIDERATIONS Regarding the facts of the case A. B. Regarding the determination of the alleged victims C. Regarding the alleged “failure to exhaust domestic remedies” 31 32 42 52 VI. RIGHTS TO JUDICIAL GUARANTEES, JUDICIAL PROTECTION AND TO EQUAL PROTECTION, IN RELATION TO THE OBLIGATION TO RESPECT AND GUARANTEE RIGHTS A. Proven facts in relation to the alleged violations of the guarantees of due process and judicial protection A.1. Context of the banking crisis in Uruguay A.2. Facts related to the Banco de Montevideo, the proceedings under article 31 of Law No. 17,613 and the alleged victims in this case B. Right to be heard and due procedural guarantees B.1. Material aspect of the right to be heard in the procedure before the administrative body (the Central Bank) B.2. Due procedural guarantees before the Central Bank and the Contentious-Administrative Tribunal B.2.a) Alleged “presumption of consent��� by application of “disqualifying criteria” B.2.b) Alleged new criterion arbitrarily applied by the Advisory Commission in favor of 22 cases B.2.c) Procedural guarantee of adequate reasoning B.2.d) Alleged lack of information concerning probative elements C. Judicial protection C.1. The appeal for annulment before the ContentiousAdministrative Tribunal C.2. Other alleged judicial remedies available D. Conclusion of the Court concerning Chapter VI 60 VII. RIGHT TO PROPERTY IN GUARANTEE RIGHTS Arguments of the parties Considerations of the Court RELATION TO THE OBLIGATION 61 62 65 115 129 148 149 165 173 186 195 221 232 TO 233 236 VIII. REPARATIONS (APPLICATION OF ARTICLE 63(1) OF THE AMERICAN CONVENTION) A. Injured party B. Measures of reparation B.1. Measure of satisfaction and guarantee of non-repetition B.1.a) Guarantee of due process and judicial protection in the determination of the rights of the victims B.1.b) Publication and dissemination of the judgment B.2. Compensation for non-pecuniary damage B.3. Other claims for reparations B.4. Costs and expenses C. Means of compliance with the payments ordered 239 I. 280 OPERATIVE PARAGRAPHS ANNEX WITH REGARD TO THE VICTIMS Dissenting opinion of Judge Eduardo Vio Grossi and concurring opinions of Judges Diego García-Sayán, Margarette May Macaulay, and Rhadys Abreu Blondet. 2 242 243 244 252 254 261 266 273