body, without waiving its competence to decide on them or to determine the facts.258 To
the contrary, this Court finds that no judicial review has occurred if the judicial body is
prevented from determining the main object of the dispute, as in cases where the
judicial body considers that it is restricted by factual or legal determinations made by
the administrative body that would have been decisive to decide the case.259
205. In the instant case, it has been proved that it was possible to file an appeal for
annulment before the Contentious-Administrative 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 tribunal260 (supra paras. 101 and 103).
206. The Inter-American Commission argued, in general, that Uruguay had not
provided the alleged victims with an effective remedy “to contest the Advisory
Commission’s interpretation of article 31 of Law 17,613 before the Uruguayan courts,”
and that the alleged victims “were unable to submit the central issue of the nature of the
consent required to prove that their funds had been transferred offshore ‘without their
consent’ to the courts for a ruling” (supra para 196). For their part, the representatives,
referring specifically to the appeals for annulment filed by some alleged victims before
the Contentious-Administrative Tribunal, argued that this tribunal “did not conduct an
independent and impartial analysis of the requirements for evidence established in
article 31 of Law 17,613, in particular those relating to the alleged absence of consent in
relation to the transfer of [their] funds to the TCB,” and that, on this basis, all the
appeals for annulment filed by the alleged victims were rejected.
207. In this regard, as has occurred in other case,261 the Court is unable to analyze
the cases corresponding to these 39 alleged victims in the proceedings under
administrative law due to the limited evidence provided in this regard. Only 22 judicial
rulings deciding the appeals of 28 alleged victims were provided to the Court, but
neither the appeals nor the judicial case files were provided.262 Therefore, the Court will
258
ECHR, Case of Sigma Radio Television Ltd. v. Cyprus, supra note 256, para. 156. See also, ECHR,
Case of Zumtobel v. Austria. Judgment of 21 September 1993, Series No. 268-A, para. 32; case of Fischer v.
Austria. Judgment of 26 April 1995, Series A No. 312, para. 34, and case of Bryan v. the United Kingdom.
Judgment of 22 November 1995, Series No. 335-A, para. 47.
259
ECHR, Case of Sigma Radio Television Ltd. v. Cyprus, supra note 256, para. 157. See also, ECHR,
Case of Obermeier v. Austria. Judgment of 28 June 1990, Series A No. 179, paras. 69-70 and case of Terra
Woningen B.V. v. the Netherlands. Judgment of 17 December 1996, Rep. 1996-VI, fasc. 25, paras. 46, 50 to
55.
260
Since some of these judicial decisions do not indicate the names of all the plaintiffs and the
corresponding complaints were not provided, this Court will also take into account the lists and tables of
judicial proceedings provided by the State, which were not contested by the representatives or the
Commission.
261
Cf. inter alia, Case of Torres Millacura et al. v. Argentina, supra note 18, para. 134; Case of Mejía
Idrovo v. Ecuador, supra note 251, paras. 120 to 122; Case of Vélez Loor v. Panama, supra note 15, paras.
250 and 251, and Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru. Preliminary
objections, merits, reparations and costs. Judgment of November 24, 2006. Series C No. 158, para. 112.
262
The 22 judgments of the Contentious-Administrative Tribunal provided to the body of evidence are in
the file of attachments to the answer, volumes III to VII, attachment 27 and are as follows: (1) Judgment No.
691 of the Contentious-Administrative Tribunal of September 16, 2010, in proceedings entitled “Clemata José
et al. v. the Central Bank of Uruguay. Appeal for annulment” (folios 13865 to 13886), corresponding to the
alleged victims: Barcarcel, Liliana; Cavajani, Nícida; Cavanna, José Luis; Da Silva Gaibisso, Hugo; Pizza,
Martha; Tabárez Corni, Tabaré. (2) Judgment No. 713 of the Contentious-Administrative Tribunal of October
25, 2006, in proceedings entitled “Azparren, Ana v. the Central Bank of Uruguay. Appeal for annulment” (folios
13907 to 13918), corresponding to the alleged victim Azparren, Ana Beatriz. (3) Judgment No. 659 of the
Contentious-Administrative Tribunal of October 4, 2006, in proceedings entitled “Alzaradel, Rita v. the Central
Bank of Uruguay. Appeal for annulment” (folios 13965 to 13972), corresponding to the alleged victim
Alzaradel, Rita. (4) Judgment No. 138 of the Contentious-Administrative Tribunal of May 8, 2008, in
proceedings entitled “Dendrinos, Daniel v. the Central Bank of Uruguay. Appeal for annulment” (folios 14368
to 14367), corresponding to the alleged victim Dendrinos Saquieres, Daniel. (5) Judgment No. 316 of the
Contentious-Administrative Tribunal of June 18, 2007, in proceedings entitled “Contín, Gianni et al. v. the
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