21 useful in the instant case, cannot be assessed separately for he is an alleged victim with an interest in the outcome of the instant case, but rather that it must be assessed as a whole with the rest of the body of evidence in the case.9 VI PROVEN FACTS 63. The Court has examined the items of evidence and the respective arguments of the parties and, as a result of that examination, finds the following facts to be proven: With regard to Humberto Antonio Palamara-Iribarne 63(1)Humberto Antonio Palamara-Iribarne, a naval mechanic engineer, enrolled in the Chilean Navy in 1972, and retired in January 1, 1993, with the rank of Training Officer of the Navy Operations Department of the Office of the Commander in Chief of the Third Naval Zone.10 In January 1993, he was retained by the Armed Forces as technical consultant, grade 7, under a “monthly global remuneration” to serve in the Department of Naval Intelligence of the above-mentioned Office of the Commander in Chief. From January 1, 1993, until December 31, 1993, he was a “civil servant hired as contractor,” “under a yearly contract.”11 His contract was executed pursuant to “institutional needs.”12 63(2) In 1993, Palamara-Iribarne lived in the city of Punta Arenas, Chile, in a stateowned house with his wife Anne Ellen Stewart-Orlandini and his three children, Humberto Antonio, Fernando Alejandro and Raimundo Jesús Palamara-Stewart.13 9 Cf. Case of the “Mapiripán Massacre”, supra note 1, para. 81; Case of Raxcacó-Reyes, supra note 1, para. 39, and Case of Gutiérrez-Soler, supra note 1, para. 45. 10 Cf. Testimony of Humberto Antonio Palamara-Iribarne rendered before the Inter-American Court during the public hearing held on May 9, 2005; and Order No. 471 issued on December 9, 1992, by the Ministry of National Defense, Office of the Commander in Chief of the Navy on “contracts of servants hired as contractors” (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), page 898). 11 Cf. Order No. 471 of December 9, 1992, issued by the Ministry of National Defense, Office of the Commander in Chief of the Navy; 1992/1993 curriculum vitae and civil employee annual evaluation of Humberto Antonio Palamara-Iribarne issued by the Chilean Navy and report on the labor situation of Palamara-Iribarne issued by the Legal Department of the Comptroller General’s Office on December 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 IV, appendix 9.c, page 1526). 12 Cf. Testimony of Humberto Antonio Palamara-Iribarne rendered before the Inter-American Court during the public hearing held on May 9, 2005; Report of the Department of the Office of the Commander in Chief of the Third Naval Zone of March 1, 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 737 to 738); and Order No. 1000/0101 CJ. IIIra. ZN. issued by the General Staff Director of the Chilean Navy (Case File on Summary Administrative Investigation, appendixes to the complaint, appendix 8, volume II, folio 523). 13 Cf. Testimony of Humberto Antonio Palamara-Iribarne rendered before the Inter-American Court during the public hearing held on May 9, 2005; affidavit of Anne Ellen Stewart-Orlandini of April 21, 2005; sworn statement of Raimundo Jesús Palamara-Stewart (affidavit) of April 21, 2005; affidavit of Humberto