28
and two envelopes containing the electrostatic masters with the text originals.
Furthermore, “all files with information related to the publication” were deleted from
the computers.40
63(20) On March 1, 1993, the Deputy Naval Prosecutor issued two orders. One of
said orders declared that, “based on the evidence of the case file,” which consisted in
6 folios, “there were sufficient grounds to issue an arrest warrant against Civil
Servant […] Humberto Palamara-Iribarne,” and prohibited the accused from leaving
the country for 60 days.41 The other order instructed the Court to appear at
Palamara-Iribarne’s home in order to “seize the copies [of the books] that he may
have with him [… together with] any other instrument or document related to said
publication.”42 On March 1, 1993, at 10:15 p.m., the Deputy Naval Prosecutor and
the Clerk visited Palamara-Iribarne’s home and seized 874 copies of the book.
During said proceedings, the Deputy Naval Prosecutor, the Clerk and PalamaraIribarne signed a “seizure record” stating that “Palamara delete[d] the entire text of
the above-mentioned book from the hard drive of his personal computer.”43
63(21) On March 1, 1993, during seizure proceedings, Palamara-Iribarne was
arrested but was not notified of the grounds for the arrest and the charges brought
against him.44 After the seizure, which concluded at 11 p.m., the Deputy Naval
Prosecutor ordered that “a hearing be held without delay” to “examine” PalamaraIribarne, since it “[was] necessary to do so” and because the accused was at the
Clerk’s Office of the Office of the Naval Prosecutor of Magallanes.45 Palamara-Iribarne
40
Cf. Report J.DP.A-2 RES. No. 1590/11/2 CJ.IIIa. ZN. of the Chief of Department A-2 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 and 738).
41
Cf. Order of the Deputy Naval Prosecutor of Magallanes 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), page 742).
42
Cf. Order of the Deputy Naval Prosecutor of Magallanes 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), page 743).
43
Cf. Seizure record dated March 1, 2005 (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 745).
44
Cf. Order of the Deputy 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), page 743); 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 StewartOrlandini of April 2, 2005; sworn statement of Raimundo Jesús Palamara-Stewart (affidavit) of April 21,
2005; affidavit of Antonio Palamara-Stewart of April 21, 2005; and affidavit of Fernando Alejandro
Palamara-Stewart of April 21, 2005 (file on the merits, reparations, and costs, volume II, pages 456 to
458, 570, 573 and 575).
45
Cf. Order of the Deputy Naval Prosecutor of Magallanes of March 1, 1993 (Case No. 464 before the
Naval Court Court of Magallanes on the crimes of disobedience and breach of military duties, appendixes
to the complaint, volume III, appendix 9(a), page 746).
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