10
27.
The Court realizes that, in fact, in the testimony by Sydney Sittón there are
statements bearing no relation with the purpose for which such evidence was
requested. In view of the foregoing, the Tribunal decides not to admit such
testimony. Concerning the points made by the Inter-American Commission on the
testimonies by Messrs. Walid Zayed and Rolando Rodríguez Bernal (supra para. 26),
the Court will assess them only inasmuch as they adjust to the subject matter set
out in the Order by the President and along with the rest of the elements in the body
of evidence.
28.
With regard to the press documents submitted by the parties, this Tribunal
has found that these may be assessed when they describe public and generally
known events, or when they record statements by State agents, or when they
confirm other aspects related to the case.12
29.
Having examined the evidentiary elements that have been incorporated into
the present case, the Court will proceed with its analysis of the alleged violations of
the American Convention in the light of the facts that the Court deems proven, as
well as the legal arguments by the parties.
VI
ARTICLE 11 (RIGHT TO PRIVACY)13 IN CONNECTION WITH ARTICLES 1(1) (OBLIGATION
14
15
TO RESPECT RIGHTS) AND 2 (DOMESTIC LEGAL EFFECTS)
OF THE AMERICAN CONVENTION
30.
The Commission alleged the right to privacy of the alleged victim to have
been violated, by holding the State responsible for wiretapping and recording a
telephone conversation, for disclosing its contents, and for not identifying and
punishing those responsible for such acts.
31.
The representatives coincided with the pleadings by the Commission and
added that the State had violated the right of Mr. Tristán Donoso to have his honor
12
Case of the “White Van” (Paniagua-Morales et al.) supra note 6, para. 75; Case of Ticona Estrada
et al., supra note 6, para. 42; and Case of Valle Jaramillo et al., supra note 6, para. 62.
13
1.
2.
or
3.
14
Article 11 of the Convention provides that:
Everyone has the right to have his honor respected and his dignity recognized.
No one may be the object of arbitrary or abusive interference with his private life, his family, his home,
his correspondence, or of unlawful attacks on his honor or reputation.
Everyone has the right to the protection of the law against such interference or attacks.
Article 1(1) of the Convention establishes that:
The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and
to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms,
without any discrimination for reasons of race, color, sex, language, religion, political or other opinion,
national or social origin, economic status, birth, or any other social condition.
15
Article 2 of the Convention establishes that:
“Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by
legislative or other provisions, the States Parties undertake to adopt, in accordance with their
constitutional processes and the provisions of this Convention, such legislative or other measures as may
be necessary to give effect to those rights or freedoms”.