victims offered testimonial evidence. Most of the testimony offered was received122 and,
in several cases, this evidence was not processed due to circumstances that could be
attributed to the party proposing the testimony.123
88.
Following the reception of the new evidence, the Advisory Commission examined
the file with the new probative elements, prepared a new draft decision and forwarded it
to the Central Bank’s Board so that the latter could adopt the decision it deemed
appropriate.124 Subsequently, the Central Bank’s Board evaluated the draft decision, to
endorse the Advisory Commission’s opinion, to disagree with it, or to order other
measures, and then issued the corresponding decision.125 Following notification, the
petitioner had 10 days to file an appeal to annul the decision, pursuant to article 131 of
the Central Bank’s Rules of Procedure and articles 317 and 318 of the Constitution.126
89.
If the petitioner filed an appeal to annul the decision of the Board of the Central
Bank, the General Secretariat forwarded it to the Advisory Commission.127 On that
occasion, the petitioner could again offer evidence.128 Following the processing of the
respective evidence or, if evidence was not offered, after the appeal had been filed, the
case was re-examined, taking into account the arguments set out in the appeal, based
American Court during the public hearing in this case. For his part, witness Julio de Brun stated that “[m]ore
than 100 petitioners provided witnesses.” Affidavit of witness Julio de Brun dated February 16, 2011 (merits
file, volume III, folio 1110).
122
Cf. the following are cases of alleged victims whose evidence is in the file of attachments to the
State’s final written argument, attachments 2 and 3: Gutiérrez Galiana, Eduardo (File No. 2003/0876) (folios
22091 and 22092); Pitetta Antúnez, Luis Alberto (File No. 2003/0711) (folio 22700); Braceras Lussich, Elina
and Rafael Enrique Braceras Lussich (File No. 2003/0707) (folio 22898); Neuschul Perles, Franklin (File No.
2003/0527) (folio 26084); Perles Ullman de Neuschul, Gisela (File No. 2003/0526) (folio 26147); Fernández
González, Daniel (File No. 2003/0353) (folio 28714); Meerhoff, Enrique (File No. 2003/0301) (folio 29431);
Giambruno De Amicis, Clara Augusta (File No. 2003/0284) (folio 30131); Roelsgaard Papke, Niels (File No.
2003/0608) (folios 30198 and 30199); Pastorino Peccotiello, José Ángel (File No. 2003/0545) (folio 30257);
De Marco, Juan (File No. 2003/0536) (folio 30271); Abal Bordachal, Mario Héctor and María Virginia Abal
Gemelli (File No. 2003/0646) (folio 30355); Lijtenstein Jasinski, Fabiana (File No. 2003/0639) (folio 30378);
Barbani, Alicia (File No. 2003/0624) (folio 30381); Muccia García, Víctor (File No. 2003/0943) (folio 30398);
Sienra Fattoruso, José Enrique (File No. 2003/0804) (folio 30518); Adinolfi Castellano, Julio Alberto (File No.
2003/0988) (folio 30676); Neuschul, Thomas Máximo (File No. 2003/1524) (folio 31347); Da Pena Pepoli,
Marcela (File No. 2003/1522) (folio 31349), and Díaz Vidal, Eduardo and Lola Varela Cambre (File No.
2003/1520) (folio 31354).
123
Cf. the following are cases of alleged victims whose evidence is in the file of attachments to the
State’s final written argument, attachments 2 and 3: De Luca Sarmoria, Vilma (File No. 2003/0710) (folio
22741), and Zanoni, María Cristina (File No. 2003/0397) (folio 27649); Ramos, Magela (File No. 2003/0471)
(folio 30099); Da Silva Gaibisso, Hugo José (File No. 2003/0758) (folio 30303); Santisteban Tristán, José
Pedro (File No. 2003/0662) (folio 30353); Alicia Recalde (File No. 2003/1177) (folio 30875); Cavajani, Nicida
(File No. 2003/0216) (folio 31272); Pizza, Martha (File No. 2003/4028) (folio 31277), and Liliana Barcarcel
(File No. 2003/4025) (folio 31282).
124
Cf. Brief with answers of the members of the Advisory Commission to the 19th Criminal Judge of First
Instance, supra note 99 (folio 13244).
125
Cf. Brief with answers of the members of the Advisory Commission to the 19th Criminal Judge of First
Instance, supra note 99 (folio 13244) and testimony of the witness Augusto Durán Martínez before the InterAmerican Court during the public hearing in this case.
126
Cf. Articles 317 and 318 of the 1967 Constitution of the Oriental Republic of Uruguay, with the
amendments introduced by plebiscite on November 26, 1989, November 26, 1994, December 8, 1996, and
October 31, 2004 (file of attachments to the answer, volume I, attachment 12, folio 12866).
127
In Decision D/758/2004 of May 11, 2004, the Board of the Central Bank of Uruguay extended the
authority to study and examine the administrative remedies presented against the Board’s decisions “that did
not admit the petitions submitted” under article 31 of Law 17,613. Decision D/758/2004 of the Board of the
Central Bank of Uruguay of May 11, 2004 (file of attachments to the answer, volume XIII, attachment 30, folio
19612).
128
Brief with answers of the members of the Advisory Commission to the 19th Criminal Judge of First
Instance, supra note 99 (folio 13245) and affidavit of the witness Julio de Brun dated February 16, 2011
(merits file, volume III, folio 1104).
31