15
Solicitor for the Administration], for the alleged crime of abusing his authority and of
infringing his duties as a public official, which is to say for considering he had broken
the provisions contained in Articles 169, 336 and 337 of the Penal Code.39 Such
criminal complaint was extended by Mr. Tristán Donoso on three occasions, on April
5, 1999,40 when he extended his complaint to include the crime described in Article
170 of the Penal Code; on April 7, 199941 and finally on April 22, 1999.42 In all such
presentations, it was requested that pieces of evidence were proposed or specific
documents were produced, in order to be added to the inquiry being conducted
before the Procuraduría de la Administración [Office of the Solicitor for the
Administration].
48.
On September 22, 1999 the Procuraduría de la Administración [Office of the
Solicitor for the Administration] issued Prosecutor’s Opinion No. 472, requesting
“objective and impersonal acquittal, in [the above mentioned] inquiry, in favor of
Licentiate José Antonio Sossa Rodríguez, Procurador General de la Nación [National
Attorney General].”43 On October 8, 1999,44 Mr. Tristán Donoso proceeded to enter
his opposition to such Prosecutor’s Opinion, an opposition the scope of which was
extended on October 22, 1999.45
49.
On December 3, 1999 the Panamá Republic Supreme Court of Justice in full
decided to “reject the complaint submitted, for it was found lacking the entity
necessary to prove the existence of the punishable act reported, both in itself, as
well as for the pieces of evidence accompanying it,” and, so, “it acquit[ted] in a final
manner the Procurador General de la Nación [National Attorney General] of the
crimes of abusing his authority and of infringing the duties of a public official, as
contained in the criminal report submitted by Licentiate [Santander Tristán
Donoso].”46
39
Cf. Criminal report filed on March 26, 1999 by Mr. Tristán Donoso against the Procurador General
de la Nación [National Attorney General], José Antonio Sossa (Case File of Appendixes to the Application,
Book I, Appendix 28, folios 1620 to 1624).
40
Cf. Extension of the criminal report filed on April 5, 1999 by Mr. Tristán Donoso against the
Procurador General de la Nación [National Attorney General], José Antonio Sossa (Case File of Appendixes
to the Application, Book I, Appendix 28, folios 1625 to 1627).
41
Cf. Extension of the criminal report filed on April 7, 1999 by Mr. Tristán Donoso against the
Procurador General de la Nación [National Attorney General], José Antonio Sossa (Case File of Appendixes
to the Reply to the Application, Book I, Appendix B-1, folios 3209 and 3210)
42
Cf. Extension of the criminal report filed on April 22, 1999 by Mr. Tristán Donoso against the
Procurador General de la Nación [National Attorney General], José Antonio Sossa (Case File of Appendixes
to the Reply to the Application, Book I, Appendix B-1, folios 3288 and 3289).
43
Prosecutor’s Opinion No. 472 dated September 22, 1999, of the Procuraduría de la
Administración [Office of the Solicitor for the Administration] (Case File of Appendixes to the Application,
Book I, Appendix 35, folio 1714).
44
Opposition to Prosecutor’s Opinion No. 472, dated September 22, 1999, entered by Santander
Tristán Donoso on October 8, 1999 (Case File of Appendixes to the Application, Book II, Appendix 36,
folios 1720 to 1729).
45
Extension of the Opposition to Prosecutor’s Opinion No. 472, dated September 22, 1999, entered
by Santander Tristán Donoso on October 22, 1999 (Case File of Appendixes to the Application, Book II,
Appendix 36, folios 1730 to 1732).
46
Cf. Judgment by the Corte Suprema de Justicia de Panamá [Panamá Supreme Court of Justice]
dated December 3, 1999 (Case File of Appendixes to the Application, Book II, Appendix 37, folios 1750
and 1751).