Caja Obrera for the nominal amount determined to have been transferred without his or her
consent, 10 and (ii) the right to receive from the State a complement to his or her
proportional share.11
21.
In paragraphs 143 to 147 of the judgment, the Court established the criteria based
on which it considered as victims the 539 persons who were thus declared, among whom
are the three victims that the representatives seek to exclude with their request for
interpretation.12 The Court found that the said violation had been proved to their detriment
because there was uncontested evidence in the case file that they had filed a petition under
article 31 of Law 17,613 that had been rejected by the Central Bank del Uruguay. The said
three victims were in this situation because there is evidence in the case file before this
Court that they filed petitions before the Central Bank that were rejected (Martha Moreira
under File No. 2003/0714, Rafael Lena under File. No. 2003/0691 and José Pedro
Santiesteban Tristán13 under File No. 2003/0662).
22.
Furthermore, the Court finds it appropriate to underline that, at the merits stage of
the instant case, on three occasions it expressly asked the parties, including the
representatives Mrs. Barbani and Mrs. Breccia, to provide information or observations on
the determination of the victims.14 Thus, in addition to the information that they were able
to provide in the brief with pleadings, motions and evidence, the oral arguments during the
public hearing, and the brief with final arguments, the Court granted the representatives
three specific additional opportunities to refer to the issue of the determination of the
victims in this case or to forward any observations they deemed pertinent. However, the
representatives did not request the exclusion of the three victims they do not represent on
any of those occasions.
10
Thus making them proportional shareholders of the Bank Asset Recovery Fund of the respective bank. Cf.
Case of Barbani Duarte et al. v. Uruguay. Merits, reparations and costs, paras. 97, 126, 133 and 226.
11
The complement consisted of covering (between their own share and the complement from the State) a
maximum nominal amount of US$100,000.00 (one hundred thousand United States dollars) or the equivalent in
another currency. This right was recognized considering that they were in the same situation as the depositors
with a checking, savings or fixed-term account referred to in article 27 of Law 17,613. Cf. Case of Barbani Duarte
et al. v. Uruguay. Merits, reparations and costs, paras. 97, 126, 133 and 226.
12
In order to determine and identify the victims, the Court took into account: the list of presumed victims
indicated by the Inter-American Commission in its application and in its Report on Merits; the list of presumed
victims provided by the Inter-American Commission with its final written observations, in response to the Court’s
request that it list individually the names of the then presumed victims; the probative elements provided to the
case file that prove that the person filed a petition before the Central Bank del Uruguay under article 31 of Law
17,613 that was rejected by the bank, as well as the clarifications and observations made by the parties in this
regard.
13
The said victim is identified in the Annex of Victims of the Judgment as Tristán José Santiesteban (File No.
2003/0662).
14
During the public hearing (February 21 and 22, 2011) and in notes of March 8, 2011, the Court or its
President called on the parties to present specific helpful information, documentation and explanations related to
the determination of presumed victims. In particular, the Inter-American Commission was asked to forward an
individualized list of the persons it had considered presumed victims in its application brief, and also that it indicate
whether any of the petitions of the then presumed victims had been approved by the Board of the Central Bank del
Uruguay. The Commission did not present any information on the last point. In addition, in notes dated April 14,
2011, the parties were given the opportunity to present any observations they deemed pertinent regarding the
information and attachments forwarded by the other parties, in response to the requests for helpful evidence made
by the Court and its President. The representatives and the State, together with their observations, forwarded
certain new information and documentation in relation to the presumed victims in this case; consequently, on June
2, 2011, the parties were given a further opportunity to present any observations they deemed pertinent. Lastly,
on September 23, 2011, the President of the Court asked the Inter-American Commission, the representatives and
the State for certain information and documentation in relation to the determination of the presumed victims. Cf.
Case of Barbani Duarte et al. v. Uruguay. Merits, reparations and costs, paras. 10 to 14.
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