61
DECIDES,
unanimously:
1.
To dismiss the preliminary objection raised by the State in paragraphs 15 to
17 of the instant Judgment.
DECLARES,
unanimously, that:
2.
The State did not violate, to the detriment of Mr. Santander Tristán Donoso,
the right to a private life enshrined in Article 11(2) of the American Convention, in
relation to Articles 1(1) and 2 thereof, for the wiretapping and recording of the
telephone conversation, as explained in paragraphs 61 to 67 of this Judgment.
3.
The State violated, to the detriment of Mr. Santander Tristán Donoso, the
right to a private life and the right to honor and reputation enshrined in Articles
11(1) and 11(2) of the American Convention, in relation to Article 1(1) thereof, for
the disclosure of the telephone conversation, as explained in paragraphs 72 to 83 of
this Judgment.
4.
The State did not fail to comply, to the detriment of Mr. Santander Tristán
Donoso, with the duty of guaranteeing the right to a private life enshrined in Article
11(2) of the American Convention, in relation to Article 1(1) thereof, for the
investigation conducted against the former Procurador General de la Nación [National
Attorney General], as explained in paragraphs 86 to 89 of this Judgment.
5.
The State violated, to the detriment of Mr. Santander Tristán Donoso, the
right to freedom of expression enshrined in Article 13 of the American Convention, in
relation to Article 1(1) thereof, regarding the criminal conviction entered against Mr.
Tristán Donoso, as explained in paragraphs 109 to 130 of this Judgment.
6.
The State did not fail to comply with the general obligation to adopt domestic
measures, enshrined in Article 2 of the American Convention, to the detriment of Mr.
Santander Tristán Donoso, regarding the alleged deficiencies in the legal framework
which regulates crimes against honor in Panamá, as set forth in paragraph 131 of
this Judgment.
7.
The State did not violate, to the detriment of Mr. Santander Tristán Donoso,
the principle of legality enshrined in Article 9 of the American Convention, in relation
to Article 1(1) thereof, regarding the criminal conviction entered against Mr. Tristán
Donoso, as set forth in paragraphs 138 and 139 of this Judgment.
8.
The State did not violate, to the detriment of Mr. Santander Tristán Donoso,
the right to a fair trial and the right to judicial protection enshrined in Articles 8 and
25 of the American Convention, in relation to Article 1(1) thereof, regarding the
investigation of the criminal complaints filed by Mr. Tristán Donoso, as explained in
paragraphs 146 to 151 of this Judgment.