30
95.
On March 25, 1999, Mr. Tristán Donoso called a press conference at the
venue of the Colegio Nacional de Abogados de Panamá [Panamá National Bar
Association],80 where he such:
in July 1996, in that sad July [19]96, I was having a telephone conversation with the father
of one of such persons in that criminal prosecution [of Walid Zayed for the alleged charge of
money laundering], which the Attorney General tape recorded and of which I have a cassette
and not only that was done, he used the cassette to summon the authorities of the Junta
Directiva del Colegio Nacional de Abogados [Governing Board of the National Bar
Association] […] to explain to them that I was part of a conspiracy against his person. [T]wo
brave lawyers who were at that historical meeting, […] told the Attorney General that what
81
he was doing at that moment was a crime.
96.
At the moment the facts described in the instant case occurred, there was
intense debate in Panamá, in which even a civil judge and the Chief Justice of the
Supreme Court had participated, over the powers of the Procurador General de la
Nación [National Attorney General] to wiretap and tape-record telephone
conversations.
97.
In fact, on March 20, 1999, the Juez Tercero del Circuito Civil de Panamá
[Panamá Civil Circuit Judge Number Three] lodged a complaint against the former
Attorney General for illegally interfering with the telephone communications of the
Court in his charge, a fact which had widespread repercussion and was published in
several Panamanian newspapers,82 prompting the intervention of several bodies such
as the Defensoría del Pueblo de Panamá [Office of the Ombudsman of Panamá].83
80
The Defensoría del Pueblo de Panamá [Office of the Ombudsman of Panamá] by means of Official
Letter D.P.P.-R.P. No. 151/99 of March 25, 1999, addressed to the Procurador de la Administración
[Solicitor for the Administration], pointed out that “[t]oday, at about five p.m. at the Bar Association and
in the presence of journalists, Licentiate. Santander Tristán Donoso delivered some documents to me
which, in his opinion, are evidence of the wiretapping to which he was subjected by the Procurador
General de la Nación [National Attorney General], José Antonio Sossa.” (Case File of Appendixes to the
Application, Book I, Appendix 26, folio 1606); Cf. El Siglo newspaper, March 26, 1999 issue, article
entitled “¿Renunciará el Procurador? La Corte no ha dado una “autorización en blanco” para que Sossa
“pinche” teléfonos” [“Will the Attorney General resign? The Court has not given Sossa a ‘blank
endorsement’ for ‘bugging’ telephones.”] this article reads “[l]a denuncia del abogado [Tristán Donoso]
agrega nuevos elementos contra Sossa que enfrenta una verdadera tormenta de críticas y denuncias, […]”
[“the criminal complaint filed by lawyer [Tristán Donoso] adds further elements against Sossa, who faces
a host of criticism and accusations […].”] (Case File of Appendixes to the Reply to the Application, Book I,
Appendix B-2, folio 3463). Cf. as well La Prensa newspaper, April 16, 1999 issue, article entitled “Nuevas
revelaciones sobre espionaje telefónico” [“New revelations on telephone spying”] referring to the case of
Mr. Tristán Donoso (Case File of Appendixes to the Reply to the Application, Book I, Appendix B-2, folio
4857).
81
Judgment No. SA-2 of the Juzgado Noveno de Circuito Penal del Primer Circuito Judicial de
Panamá [Panamá First Court Circuit Criminal Circuit Court Number Nine], dated January 16, 2004 (Case
File of Appendixes to the Application, Book I, Appendix 25, folio 1576).
82
Cf. La Prensa newspaper, Wednesday March 24, 1999, article headlined “Juez acusa al
procurador Sossa por intervenir ilegalmente su teléfono” [“Judge accuses Attorney General Sossa of
illegally wiretapping his telephone”] (Case File of Appendixes to the Motions, Pleadings and Evidence brief,
Book II, Appendix 51, folio 2852) and El Siglo newspaper, March 26, 1999 issue, supra note 80 (Case File
of Appendixes to the Reply to the Application, Book I, Appendix B-2, folio 3463).
83
Cf. Official Letter D.P.P.-R.P. No. 177/99, dated April 15, 1999, of the Defensoría del Pueblo de la
República de Panamá [Office of the Ombudsman of the Republic of Panamá] and addressed to the
Procuradora de la Administración [Solicitor for the Administration] (Case File of Appendixes to the
Application, Book I, Appendix 32, folio 1636).