A DECISION by Judge Enrique Pérez to release two former officials accused of illegal surveillance differs from a ruling by the Supreme Court,

Pérez ruled that former National Security Council officials Alejandro Garuz and Gustavo Pérez should be released from prison and held under house arrest.
He made the decision despite a ruling on an habeas corpus motion by the Supreme Court that found the defendants could be detained due to the seriousness of the charges and the possibility they could destroy evidence reports La Prensa
While the decision was not binding, Pérez did not consider any of the key issues discussed by the judges in the case.
The judge also failed to take into account the Constitution or international treaties and conventions that protect the right to privacy of individuals.
The defendants are charged with using surveillance equipment purchased from Israel to illegally spy on an estimated 150 people during the administration of former President Ricardo Martinelli.
Abel Zamorano, the rapporteur of the Supreme Court rulings, said that the human rights of a considerable group of people were violated. The Supreme Court ruled that pre-trial detention was warranted because of this, even though the sentence the men are facing is less than four years.
Zamorano also said that the crime violated the Universal Declaration of Human Rights, which states that "no one shall be object to arbitrary interference with his privacy, family, home or correspondence, or attacks on their honor.”
The Perez decision is under appeal by the Organized Crime Prosecutor and plainriffs who were victims of surveillance.