11 respected, for the accusations by the former Attorney General against him were false and the conspiracy alleged by such public official never existed. 32. The State pointed out that the alleged violation had not taken place because it is established that the former Attorney General did not order the telephone conversation held on July 8, 1996 to be tapped and tape recorded and because the Panamá Supreme Court of Justice (hereinafter “the Supreme Court”) in full had concluded that the disclosure effected was not against the law On the failure to investigate, it expressed that, in view of the acquittal of the former Attorney General in the proceedings against him, Mr. Tristán Donoso was required to effect a fresh report of the fact therefore that the pertaining preliminary enquiry be commenced at the Personería Municipal [Office of the Township Attorney]. 33. For the purpose of examining the alleged violations of Article 11 of the American Convention, the Court: 1) will determine the legally relevant facts which are proven; and 2) will dwell on the right to privacy and examine the alleged violations in connection with: i) the wiretapping and recording of a private telephone conversation; ii) the disclosure of the contents of the telephone conversation; and iii) the duty to guarantee privacy, specifically through criminal procedure. 1) Proven Facts 34. Mr. Tristán Donoso is a lawyer by profession, and a citizen of Panamá, who at the time of the events was legal counsel for the Catholic Church, and that, at the request of the Bishop of Colón, Monsignor Carlos Ariz, rendered professional services to Mr. Walid Zayed and his family. Walid Zayed was currently remanded in custody in the course of criminal proceedings for a money laundering offense.16 35. Early in July 1996, Mr. Walid Zayed reported to police authorities that he had received, at the place where he was held in custody, a visit by some persons who had offered to obtain him his liberty in exchange for a sum of money.17 At the request of Walid Zayed, a joint operation was set up between Mrs. Darelvia Hurtado Terrado, Jefa de la Policía Técnica Judicial [Judicial Technical Police Chief] (hereinafter “Inspector Hurtado”) and Mr. José Eduardo Ayú Prado Canals, the incumbent at the Fiscalía Tercera del Circuito de Colón [Colón Circuit Third Prosecuting Office] (hereinafter “Prosecutor Prado”),18 wherein Mr. Walid Zayed cooperated with the investigation personally recording the conversations he held with the alleged extorters at the Colón National Police Station. 19 16 Cf. Depositions rendered before a public official whose acts command full faith and credit (affidavit) by Mrs. Aimée Urrutia Delgado, on June 24, 2008 (Case File on the Merits, Book II, folio 521); by Bishop Emeritus Carlos María Ariz, on June 24, 2008 (Case File on the Merits, Book II, folio 529); and by Mr. Walid Zayed on June 27, 2008 (Case File on the Merits, Book II, folio 533). 17 Cf. Sworn Statement by Walid Zayed rendered on July 11, 1996 in the proceedings for the alleged offense against property rights to his detriment (Case File of Appendixes to the Reply to the Application, Book VI, Appendix B-2, Volume 1, folios 3847 and 3848); and statement rendered before a public official whose acts command full faith and credit (affidavit) by Walid Zayed, supra note 16, folio 532. 18 Cf. Official Letter No. 2268 dated July 4, 1996, signed by Prosecutor Prado (Case File of Appendixes to the Reply to the Application, Book II, Appendix B-2, Volume 1, folios 3795 and 3797). 19 Cf. Statement rendered before a public official whose acts command full faith and credit by Walid Zayed supra note 16, folio 532.