vindicated…” adding that the admission of the claim under Article 31 of Law 17.613 dispels any
notion of finality in the decision of the Central Bank of Uruguay.
40. With respect to other judicial actions, apart from the actions for nullification, the State
informed the Commission that:
In some cases (still a few) there has been a judgment at first instance recognizing a valid
claim for damages from the Banco de Montevideo S.A., based on its contractual liability
as broker or intermediary in the operation. Those judgments have been appealed. In
other cases the judgment rejected the complaint.
A number of investors have brought actions against the Central Bank of Uruguay based
on its alleged failure to exercise its control activities. Thus far, a favorable judgment has
been returned in only one case, and it is under appeal before the relevant appellate court.
Thus far, all the other decisions issued at first instance have rejected the claim of alleged
liability on the part of the Central Bank of Uruguay.
41. In their March 5, 2006 communication to the Commission, the petitioners submitted the
following information in response to the Commission’s request for information on the
presentation of actions for nullification. In the pertinent parts of their response, the petitioners
said,
A. Not many depositors took their cases to the Tribunal for Contentious-Administrative
Disputes. The few that did so have not yet received a final judgment and, despite the fact
those four years will have elapsed on June 24, 2006, there is no indication as to when a
final judgment will be issued.
B. The delay, without any prospect of an immediate solution, is the strongest
demonstration that domestic remedies have been exhausted due to the unreasonable
delay in the issuance of a decision from all of the jurisdictional organs, whether it be the
Tribunal for Contentious-Administrative Disputes or any of the other courts, since there
has been no final and definitive judgment in any case.. The delay in the judicial decisions
is enormous and the end to those proceedings appears to be an infinite distance away. It
would be unreasonable to believe that legal solutions will be reached within six or seven
years and to wait that long under such conditions would effectively constitute a denial or
disavowal of the right or rights violated.
In addition to all of this, the Commission that was created under Article 31 of Law 17.613
to study the 1,200 cases is currently under judicial investigation (the prosecutor sought
an indictment) and this matter is currently before the courts for resolution, which could
take another year. (Enclosed for the IACHR file was a news article in which the
prosecutor, Mr. Fernández Dovat, sought the imprisonment, pending trial, of the three
lawyers who comprised the Commission and the former Board of Directors of the Central
Bank).
C. According to a report of January 28, 2003, signed by the accountant Rosalina Trucillo,
Unit Head of the Central Bank of Uruguay, which concerned the Banco de MontevideoBanco La Caja Obrera and, in particular, liability for the actions of its management,
according to information gathered in July 2002 following the intervention, of a total of US
$127,813,357 in client operations, there were US $53,426,535 for which they were no
agreements or specific instructions signed by the client. This omission leaves the Banco
de Montevideo in a very vulnerable position at a time when it has to demonstrate that the
operations were carried out according to client instructions. The investigation shows that
the internal audit of April 2001 noted cases in which private banking operations were
documented without the signature of clients and without signed standing orders in the
clients’ files.
42. The State has not presented any information to show that the actions for nullification were
dealt with and that the situation alleged by the petitioners was remedied. In this context,
according to the State, the only case decided by the Courts, in four years, concerned an action
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