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He was born to Humberto Palamara-Iribarne and Anne Stewart-Orlandini. In
1993, he was 8 years old and he lived with his parents. His father had written
a book. One night, “some [of his father’s] colleagues appeared at their house
and took away all the books from the living room,” they “arrested” his father
and “deleted” the computer files. He ignores if the people who came into his
house had a search and seizure warrant.
After these events, his parents grew apart and he had to move with his
grandparents to Viña del Mar with his mother Anne and his brothers, while his
father lived with his grandmother. He did not fully understand what was
happening with his family, but he realized that his father was nervous and did
not spend much time with the family.
4.
Raimundo Jesús Palamara-Stewart, son of the alleged victim
He was born to Humberto Palamara-Iribarne and Anne Stewart-Orlandini. In
1993, he was 6 years old and he lived with his parents. His father had written a
book. One night, before selling the book, various naval officers appeared at
their residence in Punta Arenas, took away all copies of the book and arrested
his father. He ignores whether they had a search warrant. His lifestyle was
altered because “now they were weird” and their friends “were no longer
hanging out” with them. Moreover, they had to move. “[N]aval officers often
arrived at their place […] and […] arrested his father.” His father left for
Valparaiso because he could not find a job in Punta Arenas. The rest of the
family would stay in Punta Arenas “until the end of the school year,” but due to
“economic problems” they had to move to Viña del Mar in October. These
circumstances caused him a detriment because he would not be accepted at
any school as the year was about to end. The same happened the following
year because he could not read. His parents never went back together.
Nowadays, he lives with his father and is “about to finish school,” though he is
“two years behind.” His mother lives in Spain with his two elder brothers.
His father has been almost banned from professional practice as a naval
engineer since no shipping company will hire him given his close relation to the
Navy. Thus, he is always in financial hardship.
EXPERT REPORTS
a)
Proposed by the Inter-American Commission and the representatives
1.
Carlos Peña-Gonzáles, lawyer
Under Chilean legislation, the crime of contempt of authority is set forth in
Sections 263 and 264 of the Third Criminal Code. This crime is defined in
ordinary criminal law as that committed “upon performing acts or making
comments that are indecorous or insulting against governmental bodies or
certain public authorities” and is subject to aggravated penalties.
In Chile, the crime of contempt of authority has been abrogated in special
criminal laws, though it remains valid in the context of ordinary criminal law
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