23 Congress of the United States of America, which “protects […] the rights of the author at an international level.”19 Moreover, Mrs. Stewart-Orlandini registered the work in the National Library of Chile, under number 85,611.20 63(6)Mr. Palamara-Iribarne wrote - and intended to publish and sell - the book “Ética y Servicios de Inteligencia” (“Ethics and Intelligence Services”) during a democratic administration. In order to publish the book, military authorities considered that the author needed the authorization by his superiors. The Chief of the General Staff asserted that “he [had] not authorize[d], neither orally nor in writing, the publication of the [above-mentioned] book.”21 With regard to the prohibition to publish the book “Ética y Servicios de Inteligencia” (“Ethics and Intelligence Services”) 63(7)Article 89 of Ordinance of the Navy No. 487 of April 21, 1988, prohibits “all members or servants of the Navy [from] publishing or facilitating publication through the media of any article involving criticism to Navy services, public or government bodies,” as well as “any article that directly or indirectly refers to issues of secret, classified or confidential nature concerning political, religious or other matters that may give rise to dispute or controversy as to the reputation of the institution.” Furthermore, the above-referred rule establishes that “Navy staff may publish articles in the media in their own name, prior authorization by the competent Commander or Naval Authority. During war times or under special circumstances, the Office of the Commander in Chief of the Navy may withhold or restrict said authorization.”22 63(8)On February 15, 1993, Palamara-Iribarne had an interview with the Commander in Chief of the Third Naval Zone, Hugo Bruna-Greene, and told him that 19 Cf. Report No. 266/93 of the Cámara Chilena del Libro [Publisher’s Association of Chile] of April 29, 1993; declaration of Mr. Humberto Antonio Palamara Iribarne of March 2, 1993 rendered before the Naval Prosecutor of Magallanes; and testimony of the legal representative of Ateli rendered before the naval Prosecutor of Magallanes on March 2, 1993 (Case No. 464 before the naval Court of Magallanes on the crimes of disobedience and breach of military duties, file included in the appendixes to the complaint, volume III, Appendix 9.a, pp. 1023 and 760). 20 Cf. Testimony of the legal representative of Ateli publishing company, rendered before the Deputy Naval Prosecutor of Magallanes on March 4, 1993; testimony of Humberto Antonio Palamara-Iribarne of March 2, 1993, rendered before the Deputy Naval Prosecutor of the Naval Court of Magallanes; and Report No. 266/93 of the Cámara Chilena del Libro [Publisher’s Association of Chile] of April 29, 1993 (Case No. 464 before the Naval Court of Magallanes on the crimes of disobedience and breach of military duties, appendixes to the complaint, volume III, appendix 9(a), pages 760, 782 and 1023). 21 Cf. Report of the Chief of the General Staff of the Navy of March 29, 1993 addressed to the Naval Prosecutor of Magallanes; report of the Department Chief of the Third Naval Zone; and statement of the Chief of Department A-2 of the Office of the Commander in Chief of the Third Naval Zone rendered before the Naval Prosecutor of Magallanes (Case No. 464 before the Naval Court of Magallanes on the crimes of disobedience and breach of military duties, appendixes to the complaint, volume III, appendix 9(a), pages 955, 737 and 767). 22 Cf. Ordinance of the Navy No. 487 of April 21, 1988 (opinion of the Naval Prosecutor of Magallanes of September 24, 1993, Case No. 464 before the Naval Court of Magallanes on the crimes of disobedience and breach of military duties, appendixes to the complaint, volume IV, appendix 9.c, folio 1375).

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