56
63(105) On March 26, 1993, while Mr. Palamara-Iribarne was detained (supra para.
63(35)), he was informed that he had “a week to restore the subsidized dwelling
where he lived [with his family], because he was now a retired navy officer [...and]
because he had led a life that was inconsistent with the navy.”163 At that moment,
Mr. Palamara-Iribarne’s and Ms. Anne Stewart-Orlandini’s three children, Raimundo
Jesús, Humberto Antonio and Fernando Alejandro were, respectively, 6, 8 and 9
years old. Following that order, the family had to leave the “naval apartment.”164
63(106) On May 28, 1993, the Commander in Chief of the National Navy issued a
resolution ordering the early termination of Mr. Palamara-Iribarne’s employment
contract.165 During 1993, the Chilean Navy paid Mr. Palamara-Iribarne three salaries
in the gross total amount of 1,168,897 Chilean pesos.166
63(107) On August 26, 1993, Mr. Humberto Antonio Palamara-Iribarne, with a view
to finding a job, asked the Naval Prosecutor to allow him to leave the jurisdiction of
the Naval Court, had to move to the city of Valparaíso and went to live with his
mother.167
breach of military duties, record of appendixes to the complaint, volume III, appendix 9.c, folio 1534).
163
Cf. Communication sent by Mr. Palamara-Iribarne to the Head of the Navy Staff Board on June 2,
1993; and report on the labor condition of Mr. Palamara-Iribarne issued by the Legal Division of the
General Comptroller’s Office of the Chilean Republic on December 29, 1993 (Case No. 464 before the
Naval Court in and for Magallanes, for the crimes of disobedience and breach of military duties, record of
appendixes to the complaint, volume IV, appendix 9.c, folio 1526).
164
Cf. Testimony of Mr. Humberto Palamara-Iribarne, taken before the Inter-American Court during
the public hearing held on May 9, 2005; affidavit signed by Ms. Anne Ellen Stewart-Orlandini on April 2,
2005; affidavit signed by Mr. Antonio Palamara-Stewart on April 21, 2005; affidavit signed by Mr.
Fernando Alejandro Palamara-Stewart on April 21, 2005; and affidavit rendered by Mr. Raimundo Jesús
Palamara-Stewart before an officer authorized to administer oaths on April 21, 2005 (case file on the
merits, reparations, and costs, volume II, folios 456-458, 569 and 573).
165
Cf. Resolution issued by the Navy Commander in Chief on May 28, 1993 (evidence to facilitate
adjudication of the case filed by the State on October 31, 2005, case file on the merits, reparations, and
costs, volume IV, folio 1227); telegram sent in July 1993 by the Chilean Navy; and report on the labor
condition of Mr. Palamara-Iribarne issued by the Legal Division of the General Comptroller’s Office of the
Chilean Republic on December 29, 1993 (Case No. 464 before the Naval Court in and for Magallanes, for
the crimes of disobedience and breach of military duties, record of appendixes to the complaint, volume
IV, appendix 9.c, folios 1352 and 1516).
166
Cf. Certificate issued by the Chilean Navy regarding the salaries collected by Mr. Palamara-Iribarne
during 1993 (Case No. 464 before the Naval Court in and for Magallanes, for the crimes of disobedience
and breach of military duties, record of appendixes to the complaint, volume III, appendix 9.c, folio
1532).
167
Cf. Request for authorization to leave the jurisdiction of the Court (Case No. 464 before the Naval
Court in and for Magallanes, for the crimes of disobedience and breach of military duties, record of
appendixes to the complaint, volume III, appendix 9.c, folio 1359); testimony of Mr. Humberto PalamaraIribarne, taken before the Inter-American Court during the public hearing held on May 9, 2005; affidavit
signed by Ms. Anne Ellen Stewart-Orlandini on April 2, 2005; affidavit signed by Mr. Antonio PalamaraStewart on April 21, 2005; affidavit signed by Mr. Fernando Alejandro Palamara-Stewart on April 21,
2005; and affidavit rendered by Mr. Raimundo Jesús Palamara-Stewart before an officer authorized to
administer oaths on April 21, 2005 (case file on the merits, reparations, and costs, volume II, folios 456-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents