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B) TESTIMONIAL AND EXPERT EVIDENCE
54. On May 9, 2005, the Court held a public hearing at the Auditorium of the
Supreme Court of Justice of Paraguay to receive the testimony of the witness
proposed by the Inter-American Commission and the representatives of the alleged
victim and to hear the report of the expert witness proposed by the representatives
(supra para. 36). Below is a summary of the relevant parts of such testimonies and
expert reports.
WITNESS TESTIMONY
a)
Proposed by the Inter-American Commission and the representatives
1.
Humberto Antonio Palamara-Iribarne, alleged victim
He joined the Navy in 1972, and until December 1992, he served as Training
Official at the Navy Operations Department of the Office of the Commander in
Chief of the Third Naval Zone and performed military functions. By the end of
1992, he authored the book “Ética y Servicios de Inteligencia” (“Ethics and
Intelligence Services”) while “on holidays.” In 1993, he worked as a “civil
servant hired as contractor,” “under an annual contract” as analyst at the Navy
Intelligence Department of the Office of the Commander in Chief and
performed administrative functions.
One of the reasons that led him to write the book was “human right
violations, mostly committed by intelligence personnel.” As States “were
looking for mechanisms to control these services,” in his book he suggested
“that the best way to exercise control is self-control,” which should “be
governed by ethical conduct.” Furthermore, he intended to publish and sell
the book. That notwithstanding, he “did not get to publish it” due to the
seizure of the copies of the book from the publishing house and his
residence, and due to its “erasure from the computer” he lost his right to the
book, “computer contents” and was punished for that. Consequently, the
book was not “distributed” and “the prevailing conditions did not allow a new
publication.” He could not “sell a single book,” he only delivered one or two,
but he was never paid.
In February 14 and 15, 1993, he informed the Commander in Chief of the
Third Naval Zone that he had authored a book, delivered a copy printed using
“his personal computer,” informed of his intention to publish the book and
asked for “authorization” to do so “in good faith” and not in accordance with
Section 89 of the Ordinance of the Navy. He requested an authorization in
writing; therefore, he “was voluntarily submitting himself to censorship […],”
possibly because as “he served in the Navy” he “is used to abiding by the
rules.” After that, the Commander in Chief reviewed the book and told him he
“liked the contents, […] that there was no problem and that […] intelligence
activities could be demystified.” Then, he “requested the printing” of one
thousand copies of the book and some “advertisements” at the offices of Ateli
publishing company. His wife would be in charge of “selling” the book. On
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