9
hearing (supra paras. 23, 31 and 37). The above-mentioned witness statements and
expert opinions are summarized below.
WITNESS STATEMENTS
a)
Proposed by the representatives
1.
Anne Ellen Stewart-Orlandini, wife of the alleged victim
Mrs. Stewart-Orlandini got married to Humberto Antonio Palamara-Iribarne and
had three children with him. In February 1993, she lived with her husband in
the city of Punta Arenas, Chile. Her husband was a retired Navy officer, a “civil
servant hired as contractor” and worked “at the Office of the Commander in
Chief of the Third Naval Zone, in Punta Arenas.”
In 1993, her husband tried to publish the book “Ética y Servicios de
Inteligencia” (“Ethics and Intelligence Services”); she financed said publication.
All related “invoices were made to the name of [her] company.” Final profits
should be received by her family members. The corresponding taxes had to be
paid; however, “[the books] were never published.”
On the night of March 1, 1993, various Navy officers appeared at her
residence, “arrested her husband” and took the books claiming that they
“constituted an attack to national security.” “[T]hey accessed her husband’s
computer and deleted all files without [producing] any written authorization to
that effect.” From that moment on, “they lived a nightmare” since her husband
was “often” arrested and kept incommunicated. These events occurred in the
presence of their children. One night, they even got into his private office at
the company and “deleted the entire hard disk of his computer.”
Since she was “the owner of the books,” she filed a complaint against the
Chilean Navy with the Court of Appeals of Punta Arenas, requesting that “no
limitations be imposed upon her right to sell [her] the books,” considering
that she is a private individual. The Court declared it had no jurisdiction to
hear the case as the “issue fell within the scope of military jurisdiction;”
therefore, she was “left defenseless, […] since, as she was a civilian, she
had no access to the military jurisdiction and civil jurisdiction authorities
gave up on her.”
Three proceedings were initiated against her husband before the Naval Court of
Punta Arenas; two on counts of disobedience for refusing to deliver the books
and one on a charge of contempt of authority. The witness rendered testimony
“several times” during those proceedings before the Clerk, but never before a
judge.
The proceedings initiated against her husband impaired the life of every
member of her family. Everything changed due to the conduct of Navy officers
against her husband and her family. Her friends no longer talked to them. A
member of the Navy threatened “to arrest her if she made new comments
against Almiral Bruna.”
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