54
63(98) On May 3, 1993, the Administrative Prosecutor and the Secretary appeared
at the A-2 Department of the Office of the Commander in Chief of the Third Naval
Zone and “[were] shown several files with documents of a Secret, Reserved and
Confidential nature [...,which] had been found in filing cabinets at [Mr.] Palamara’s
office.”155 In the statement rendered on May 7, 1993 before said Prosecutor, Mr.
Palamara-Iribarne expressed that “breaking into [his] office and searching
documents without his being present and without a written judicial order [was]
illegitimate and illegal.”156
63(99) On May 7, 1993, the Chief of Garrison IM “Orden y Seguridad” (“Order and
Security”) forwarded a report to the Commander in Chief of the Third Naval Zone,
wherein he expressed that Mr. Palamara-Iribarne had committed a breach of
discipline when he “made statements against the judicial proceedings being
conducted by the Office of the Naval Prosecutor of Magallanes and against the
Commander in Chief of the Third Naval Zone” in the newspaper “LA PRENSA
AUSTRAL” (supra para. 63(73)), in contravention of the order issued by said Chief of
Garrison on March 26, 1993 (supra para. 63(38)).157
63(100) On May 27, 1993, the Administrative Naval Prosecutor issued an opinion
stating that Mr. Palamara-Iribarne ought to be punished with removal from his
position, with the aggravating circumstances of misbehavior and prior deficient
professional performance, inasmuch as he “[had] engaged in conduct constituting
deliberate disloyalty that show[ed] [...] absolute disregard for essential values and
principles,” “with very serious consequences for the discipline and prestige of the
[Chilean Navy].”158
63(101) On August 23, 1993, the Dirección General de Personal de la Armada (Navy
General Staff Board) issued a memorandum to which was “attach[ed...,] for
information and filing purposes [by the Auditoría de Personal de la Armada (Navy
Staff Audit Office), the] summary administrative investigation” concerning Mr.
Palamara-Iribarne, “given that, pursuant to a resolution[...] of May 28, 1993, it was
decided that he be retired from active duty on the ground of EARLY TERMINATION OF
CONTRACT.” Furthermore, said memorandum was forwarded to the Third
Department, “in order that it be set down in [Mr. Palamara-Iribarne’s] personal file
155
Cf. Inspection performed on May 3, 1993 at the A-2 Department of the Office of the Commander in
Chief of the Third Naval Zone (Case File on the Summary Administrative Investigation, record of
appendixes to the complaint, volume II, appendix 8, folio 603).
156
Cf. Statement rendered by Mr. Palamara-Iribarne before the Administrative Naval Prosecutor on
May 7, 1993 (Case File on the Summary Administrative Investigation, record of appendixes to the
complaint, volume II, appendix 8, folio 636).
157
Cf. Report of the Chief of Garrison IM “Orden y Seguridad” (“Order and Security”) addressed to the
Commander in Chief of the Third Naval Zone on May 7, 1993 (Case File on the Summary Administrative
Investigation, record of appendixes to the complaint, volume II, appendix 8, folio 672).
158
Cf. Opinion issued by the Administrative Naval Prosecutor on May 27, 1993 (Case File on the
Summary Administrative Investigation, record of appendixes to the complaint, volume II, appendix 8,
folios 697 to 732).
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