5
The payment of the civil compensation for pecuniary damages and pain and
suffering to the victim, of which SANTANDER TRISTÁN DONOSO had also been
convicted IS ANNULLED.
The communications made for the execution of the Judgment of April 1, 2005,
ARE ANNULLED.
The Department of Judicial Investigation of the National Police IS ORDERED to
omit from Mr. SANTANDER TRISTÁN DONOSO’s criminal history any criminal
record related to the Judgment of April 1, 2005.
13.
The representatives valued the issue of the agreement and the judgment and
considered that these constitute “a substantial step to effectively comply with the
reparation ordered by [the] Court.” They added that the decisions submitted by the
State “allow concluding that they effectively comply with operative paragraph
[fourteen] of the [J]udgment.” Without detriment to the above, they indicated that
“it is necessary for the State to prove that these orders have been adequately
followed;” specifically, they requested a document to be sent indicating the
correction of Mr. Tristán Donoso’s criminal history.
14.
The Commission “value[d] the decisions issued domestically and consider[ed]
that they constitute significant progress in complying with the obligation to annul the
conviction imposed on the victim." Likewise, it awaited information from the State
“regarding steps that, in practical terms, are necessary for the materialization of said
decisions by the different state entities involved.”
15.
Panama, in response to the request of the Court’s President and the previous
observations, submitted a certification dated August 20, 2010, of the criminal history
of Mr. Tristán Donoso, “to prove that the State […] duly complied with the Judgment
of the Second Criminal Chamber of the Supreme Court of Justice of May 12, 2010.”
In this certificate of criminal history it is observed that Mr. Tristán Donoso “as
recorded in the Department of Personal Identification and Files for Individual Arrest,
has not been convicted of any police contraventions or any common crimes.”
17.
The representatives reported that they spoke with Mr. Tristán Donoso, “who
expressed [that] he is pleased with the certification submitted by the […] State […],
which shows that his criminal history has been corrected.”
18.
The Commission observed “with satisfaction the certificate by the National
Police regarding Mr. Tristán Donoso’s criminal history and consider[ed] that the
elimination of the criminal records is an essential step to eliminate the effects of his
conviction.”
19.
The Court observes and values the decision of the Supreme Court of Justice
of Panama, as well as the Judgment by the Criminal Chamber, whereby it decided to
annul the Judgment of April 1, 2005 and all of its consequences, including prison
sentence, its replacement by days fine, the additional punishment of temporary
disenfranchisement from serving as government employee, the payment of the civil
compensation for pecuniary damages and pain and suffering to which Mr. Tristán
Donoso had been convicted, the communications made for the execution of the
domestic Judgment, and ordered the elimination from the criminal history of any