32
charge of defamation, in which he pointed out that “on Thursday March 25, 1999, at
the press conference called by Licentiate SANTANDER TRISTÁN, he charg[ed] [him]
with wiretapping and recording his telephone communications.”88
102. On June 27, 2000, the Juzgado Noveno de Circuito Penal del Primer Circuito
Judicial de Panamá [Panamá First Court Circuit Criminal Circuit Court Number Nine]
handed down a dismissal without prejudice in behalf of Mr. Tristán Donoso on the
grounds that “it had not been conclusively proven at the preliminary investigation
that SANTANDER TRISTÁN had not deemed the alleged false event he allegedly
attributed on March 25, 1999, at a press conference, to be true, therefore that it
would have amounted to the crime of defamation, that is, for such crime to be
effectively perpetrated the person making the imputation must be aware that such
fact is false, something which did not occur.”89
103. On July 12, 2000, the Fiscal Cuarto del Primer Circuito Judicial de Panamá
[Panamá First Court Circuit Public Prosecutor Number Four] filed a motion for appeal
against the dismissal without prejudice handed down in behalf of Mr. Tristán
Donoso90 and on August 31, 2001, the Segundo Tribunal Superior [Superior Court
Number Two] revoked the appealed decision.91
104. On October 26, 2001, the former Attorney General, through his
representative, filed before the Juzgado Noveno de Circuito de lo Penal del Primer
Circuito Judicial de Panamá [Panamá First Court Circuit Criminal Circuit Court
Number Nine] an ancillary action for damages against Mr. Tristán Donoso for the
amount of 1,100,000 balboas.92
105. On January 15 and March 7, 2002, the Panamá First Court Circuit Public
Prosecutor Number Four requested the Juzgado Noveno de Circuito Penal del Primer
Circuito Judicial de Panamá [Panamá First Court Circuit Criminal Circuit Court
Number Nine] First Judicial Circuit Court to send a communication to the offices of
INTERPOL in the United States and Canada in order to locate Mr. Tristán Donoso and
88
Cf. Criminal proceedings against Mr. Santander Tristán Donoso started on March 26, 1999 by
José Antonio Sossa, on the charge of defamation (Case File of Appendixes to the Application, Book II,
Appendix 39, folios 1768 and 1769).
89
Cf. Preliminary Hearing Record No. 101 of the Juzgado Noveno del Circuito Penal del Primer
Circuito Judicial de Panamá [Panamá First Court Circuit Criminal Circuit Court Number Nine] of June 27,
2000. (Case File of Appendixes to the Brief on Motions, Pleadings and Evidence, Book II, Appendix 34,
folios 2568 to 2578).
90
Cf. Motion for appeal of the Fiscal Cuarto del Primer Circuito Judicial de Panamá [Panamá First
Court Circuit Public Attorney Number Four] of July 12, 2000. (Case File of Appendixes to the motions,
pleadings and evidence brief, Book II, Appendix 35, folio 2579).
91
Cf. Ruling No. 160 of the Segundo Tribunal Superior de Justicia [Superior Court of Justice Number
Two] of August 31, 2001, (Case file of appendixes to the motions, pleadings and evidence brief, Book II,
Appendix 36, folios 2587 and 2601).
92
Cf. Ancillary action for damages filed on October 26, 2008 (Case File of Appendixes to the
motions, pleadings and evidence brief, Book II, Appendix 37, folio 2602).