before the Central Bank of Uruguay under article 31 of Law 17,613. In this regard, the
Court offered the parties several opportunities to present the corresponding evidence, as
well as any observations they deemed pertinent with regard to the absence of
information on the said alleged victims (supra paras. 10 to 14).226
145. The Inter-American Commission and the representatives argued that the
indication by the State that some individuals identified as alleged victims had not even
filed a petition before the Central Bank under the said article 31 was time-barred. In this
regard, the Court recalls that, in view of the limited evidence provided by the InterAmerican Commission and the representatives with their principal briefs, the President
of the Court asked Uruguay, as helpful evidence, to forward the decisions of the Central
Bank corresponding to all the alleged victims in the instant case (supra paras. 11 to 14).
When complying with this request, the State pointed out to the Court that it did not
have information regarding all the alleged victims, which meant that some of them had
not filed petitions before the Central Bank under article 31 of Law 17,613.227 The Court
notes that the State’s observation is not a time-barred argument, because the fact that
the said 179 persons have not filed a petition before the Central Bank would imply that
the alleged violation regarding which the Court has ruled favorably was not constituted
with regard to them (supra para. 133 to 142). The Court emphasizes that the
identification of the alleged victims by the Inter-American Commission when submitting
a case to this Court entails not only the indication of their names, but also requires
providing probative elements that allow the Court to verify their status as such. This
evidence will vary according to the facts of the case. Consequently, the Court does not
admit the time-barred argument presented by the Inter-American Commission and the
representatives and, in order to determine the victims will take into account the
evidence provided by the parties, either directly or in response to a request for helpful
evidence.
146. The Court also observes that, according to the representatives, some of the
alleged victims in whose name a petition was lodged before the inter-American human
rights system and who were subsequently considered as alleged victims by the InterAmerican Commission, are acting as representatives or heirs of those who did file
petitions before the Central Bank under the said article 31, or are joint holders of
accounts in the Banco de Montevideo with victims or individuals who were not included
as alleged victims by the Inter-American Commission, and who did file petitions before
Ana María; (146) Sartori, Miguel; (147) Schiaffino Conti, Carlota; (148) Schiavo, Luis; (149) Secco, Diego;
(150) Seco, Valeria; (151) Seré Bonino, María; (152) Sienra, Beatriz; (153) Silva, Juan; (154) Solari, Hebert;
(155) Sosa, Jorge; (156) Soto, Amelia María; (157) Spagna, Anna; (158) Steverlynck, Stanislas; (159)
Tabárez Corni, Tabaré; (160) Tabárez, Nélida; (161) Testoni, Víctor; (162) Tonar, Mónica; (163) Tormo, Ana
María; (164) Torre, José Alberto; (165) Unanua, Raúl; (166) Uriarte, Daoiz; (167) Valdez, Jorge; (168) Valdez,
William; (169) Valiño, Ricardo; (170) Valsecchi, Patricia; (171) Valle, Nelly; (172) Vallega, Rodrigo; (173)
Varela, Adrian; (174) Varona, Graciela; (175) Viera, Leonardo; (176) Villalba, María Fernanda; (177) Vivo
Piquerez, Rafael; (178) Yacobo, Macowinn, and (179) Zanandrea, José Luis.
226
The representatives observed, with regard to the 171 individuals indicated by the State, that “many
of them ha[d] been included irregularly on that list.” Owing to this, they indicated that the State “did not have
all the correct information as regards these 171 alleged victims, [so that] they c[ould] not be sure that, with
regard to [the other] depositors that they represent and who do not have probative documentation, there has
not also been an error and/or mislaying of documentation by the Central Bank of Uruguay, taking into account
the time that has elapsed.” In addition, they observed that “[t]he responsibility for the incomplete files falls on
the Central Bank,” so that the State should not “take advantage of its own error,” bearing in mind the
difficulties entailed “to refute the information that the Central Bank is now providing in extremis.” For its part,
the Inter-American Commission indicated that “the State’s intention to present [with its final written
arguments] a preliminary objection of apparent failure to [exhaust remedies] with regard to 171 victims is
totally inadmissible and time-barred.”
227
Regarding the said observations, the State affirmed that it had trusted that the Inter-American
Commission “had adequately verified case by case that the alleged victims who appeared before that organ
had accredited their legal standing and complied with the prior and essential requirement of exhausting
domestic remedies.” The State “assumed that the said Commission had carried out these controls fully, [and
had therefore] presumed that all those individualized as victims by the Inter-American Commission had, in
fact, been petitioners before the Central Bank of Uruguay; whereas it was subsequently verified, that this was
not so.”
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