85.
If the Advisory Commission’s opinion was favorable to the petitioner, a draft
decision was drawn up receiving the petition and this draft was forwarded to the Central
Bank Board so that it could adopt the respective decision.111 If the Advisory
Commission’s opinion concluded that the petitioner could not be considered a beneficiary
of article 31 of Law 17,613, a draft decision was prepared rejecting the petition and, in
accordance with article 79 of the Central Bank’s Rules of Procedure in force at the
time,112 the draft resolution was made available to the petitioner for 10 days, so that he
could formulate observations. If the petitioner had not objected to the draft decision
when the time limit expired, a second draft decision was prepared and forwarded to the
Central Bank Board so that it could adopt the final decision. To the contrary, if the
petitioner contested the unfavorable draft decision or made observations on it, the
Advisory Commission re-examined the case and sent the Central Bank Board a further
draft decision so that the latter could adopt the decision it deemed appropriate.113
86.
According to article 74 of the Central Bank’s Rules of Administrative Procedure in
force at the time,114 any type of evidence was admissible and the petitioners had
different opportunities to present evidence, or the Advisory Commission could require it
ex officio.115 One of these opportunities was precisely when formulating observations on
the draft decision, when the petitioner could offer any type of evidence, which was
First Instance, supra note 99 (folio 13242), and Testimony of the witness Augusto Durán Martínez before the
Inter-American Court during the public hearing in this case.
111
Brief with answers of the members of the Advisory Commission to the 19th Criminal Judge of First
Instance, supra note 99 (folio 13242) and Testimony of the witness Augusto Durán Martínez before the InterAmerican Court during the public hearing in this case.
112
Article 79 of the Rules of Administrative Procedure of the Central Bank of Uruguay, in force when the
Advisory Commission was operating, established the following:
ARTICLE 79 (Examination by the interested parties). Once the preliminary investigation has been
completed, or its time limit has expired and when, from the available information, it is possible
that to decision may be made that is contrary to the petition that was filed, or it has been
contested, before issuing to decision, it must be made available for examination for ten days to
the person or persons to whom the proceedings refer.
When examining the decision, the interested party may request that supplementary evidence be
received, and this must be provided within five days and as established in the preceding articles.
When there is more than one party to examine the decision, the time limit shall be common to all
of them and shall be calculated from the day following the last notification.
Source: Article 75 of Decree No. 500/91.
Administrative Rules of Procedure of the Central Bank of Uruguay, issued by RES D/624/94 of
November 15, 1994, and published in Official Gazette No. 25,399 of November 16, 1999 (file of
appendixes to the Commission’s application, volume III, appendix 3, folio 1345)
113
Brief with additional answers of the members of the Advisory Commission (file of attachments to the
answer, volume II, attachment 21, folio 13242); testimony of Augusto Durán Martínez during the public
hearing.
114
Article 74 of the Central Bank Rules of Administrative Procedure of the Central Bank of Uruguay,
applied to the facts of the instant case, established the following:
ARTICLE 74: (Means of evidence) The relevant facts for the decision in to procedure may be
authenticated by any means of evidence that it not prohibited by law.
The evidence shall be assessed in accordance with the rules contained in the General Procedural
Code.
Source: Article 70 of Decree No. 500/91.
Administrative Rules of Procedure of the Central Bank of Uruguay, issued by RES D/624/94 of
November 15, 1994, and published in Official Gazette No. 25,399 of November 16, 1999 (file of
appendixes to the Commission’s application, volume III, appendix 3, folio 1343)
115
Brief with answers of the members of the Advisory Commission to the 19th Criminal Judge of First
Instance, supra note 99 (folio 13242) and testimony of the witness Augusto Durán Martínez before the InterAmerican, supra note 99 (folio 13238); affidavit of the witness Julio de Brun dated February 16, 2011 (merits
file, volume III, folio 1103), and testimony of the witness Augusto Durán Martínez before the Inter-American
Court during the public hearing in this case.
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