16
50.
At the time of the events in the instant case, the Constitución Política de la
República de Panamá [Political Constitution of the Republic of Panamá]47 provided
that:
Article 29. […] private telephone calls are privileged and cannot be tapped.
51.
Law No. 31 of February 8, 1996,48 on “rules governing telecommunications in
the Republic of Panamá” provided that:
Article 6. Telecommunications are privileged, they shall not be tapped or intercepted, nor
shall their contents be disclosed, except in the cases, in the manner and by the persons
statutorily empowered to do so.
52.
In its turn, the Penal Code49 of September 22, 1982 provided that:
Article 168. Whoever is in legitimate possession of correspondence, recordings or papers not
meant to be made public and discloses them without due permission, even though they were
addressed to the holder, shall be punished with 15 to 60 days’ fine, when the event might be
damaging. It will not be considered an offense to disclose documents without which history
and political events would be impossible to understand.
Article 169. Whoever records the words of another that are not meant for the public, without
permission by the speaker or, by means of technical devices, listens on private conversations
not meant for the listener, shall be punished with 15 to 50 days’ fine.
Article 170. Anyone who, in the course of trade, employment or profession, comes to learn
about secrets that might be damaging if made public and discloses them without permission
by the interested party or without such revelation being necessary to further a superior
interest, shall be punished with imprisonment for 10 months to 2 years or with 30 to 150
days’ fine, and exclusion from the practice of such trade, employment or profession for up to
two years.
Article 171. In the cases of Articles 168, 169 and 170, prosecution shall not proceed but on
the basis of a report by the offended party.
Article 336. The public official who, abusing his office, orders or commits, to the detriment of
someone, any arbitrary Law Not specifically described in criminal law, shall be punished with
imprisonment for 6 to 18 months or with 25 to 75 days’ fine.”
Article 337. The public official who discloses or makes public documents or news acquired in
the course of duty, and supposed to be kept secret, shall be punished with imprisonment
from 6 to 18 months or with 25 to 75 days’ fine.”
53.
Likewise, Law No. 23 of December 30, 198650 “on
rehabilitation in connection with drug related crimes,” established:
prevention and
47
Cf. Constitución Política de la República de Panamá [Political Constitution of the Republic of
Panamá] (Case File of Appendixes to the brief in Reply to the Application, Book II, Appendix A-2, folio
3017).
48
Law Nº 31 of February 8, 1996 whereby “statutory rules governing telecommunications in the
Republic of Panamá” are established, in force as from May 1, 1996 (Case File of Appendixes to the
Application, Book II, Appendix 49, folios 2016 and 2036).
49
Penal Code, Law No. 18 of September 22, 1982 (Case File of Appendixes to the Reply to the
Application, Book I, Appendix A-1, folios 2943 and 2944).
50
Cf. Law No. 23, of December 30, 1986, “on prevention and rehabilitation in connection with drug
related crimes” (Case File of Appendixes to the brief on motions, pleadings and evidence, Book I, folio
2488).