14
44.
Likewise, during the month of July 1996, the former Attorney General held a
meeting at the offices of the Procuraduría General de la Nación [Office of the
National Attorney General], with members of the Junta Directiva del Colegio Nacional
de Abogados (Governing Board of the National Bar Association],33 by reason of “a
number of grievances [such organization] had regarding the way the Ministerio
Público [Office of the Public Attorneys] Agents were handling matters in the [Colón]
Province.”34 On such occasion, the former Attorney General had them listen to a
recording pointing out to them that “such recording was […] some sort of a
conspiracy”35 in order to “damage either his own person or the image of the
Ministerio Público [Office of the Public Attorneys]”36, on which recording “the voice of
whom […] he said were Mr. [Z]ayed and Lawyer Santander Tristán Donoso could be
heard.”37
45.
On July 21, 1996, the alleged victim sent a written communication addressed
to the former Attorney, wherein he let him know that he was “deeply hurt by the
telephone spying to which he [had] been subjected.” Likewise, he offered to clarify
the aforementioned telephone conversation.38 It is a fact not contended by the State
that such letter was not answered by the former Attorney General.
46.
On March 25, 1999, within the framework of a succession of public challenges
to the former Attorney in connection with his legal powers to order telephone calls to
be tapped and tape recorded, Mr. Tristán Donoso held a press conference in the
course of which he declared that the former Attorney General had ordered a
conversation of the alleged victim with a client to be tapped and tape recorded, and
then had disclosed it to third parties (infra para 95).
47.
On March 26, 1999, Mr. Tristán Donoso filed a criminal report against the
former Attorney General with the Procuraduría de la Administración [Office of the
33
Cf. Official Letter PGN – 047 – 99 dated May 24, 1999 and signed by the Procurador General de
la Nación [National Attorney General], supra note 21, folio 3338.
34
Sworn Statement by Armando Abrego, dated April 15, 1999 rendered before the Procuraduría de
la Administración [Office of the Solicitor for the Administration] (Case File of Appendixes to the
Application, Book I, Appendix 20, folio 1554). Along such lines: Sworn Statement by Luis Alberto Barqué
Morelos, dated April 13, 1999 rendered before the Procuraduría de la Administración [Office of the
Solicitor for the Administration] (Case File of Appendixes to the Application, Book IV, Appendix B-1, folio
3241); Sworn Statement by Edna Ramos, dated April 14, 1999 rendered before the Procuraduría de la
Administración [Office of the Solicitor for the Administration] (Case File of Appendixes to the Application,
Book I, Appendix 21, folio 1557); Sworn Statement by Jorge de Jesús Vélez Valdés, dated April 14, 1999
rendered before the Procuraduría de la Administración [Office of the Solicitor for the Administration] (Case
File of Appendixes to the Application, Book I, Appendix 19, folio 1550), and Official Letter 1041 – FE – 99
dated April 13, 1999, signed by Gerardo Solís Díaz, and addressed to the Procuraduría de la
Administración [Office of the Solicitor for the Administration] (Case File of Appendixes to the Application,
Book I, Appendix 18, folio 1547).
35
Sworn Statement by Luis Alberto Barqué Morelos, dated April 13, supra note 34, folio 3241.
36
Sworn Statement by Jorge de Jesús Vélez Valdés, dated April 14, 1999, supra note 34, folio
1550.
37
Official Letter 1041 – FE – 99 dated April 13, 1999, signed by Gerardo Solís Díaz, supra note 34,
folio 1554. Along the same lines: Sworn Statement by Edna Ramos dated April 14, 1999, supra note 34,
folio 1557, and Sworn Statement by Armando Abrego dated April 15, supra note 34, folio 1550.
38
Cf. Letter dated July 21, 1996, signed by Santander Tristán Donoso and addressed to the
Procurador General de la Nación [National Attorney General] José Antonio Sossa (Case File of Appendixes
to the Application, Book I, Appendix 23, folio 1563).