30
book “Ética y Servicios de Inteligencia” (“Ethics and Intelligence Services”).”52 On
April 26, 1993, the expert witnesses delivered a report under which they “definitely
conclude[d] that the book [… did] not adversely affect the confidentiality and
security of the Chilean Navy.”53 On May 20, 1993, the Naval Prosecutor of
Magallanes sent rogatory letters to the Naval Prosecutor of the First Naval Zone
requesting that “the expert witnesses […] be required to provide further details on
the issues addressed in [the] report [of April 26, 1993],” and stating that they had to
verify whether “it contain[ed] relevant information on the Navy from an institutional
perspective and/or classified information, and whether it affect[ed] institutional
interests.”54 On July 20, 1993, the expert witnesses filed an amended report
concluding that “the book contains relevant information on the Navy from an
institutional perspective, but that does not mean that […] it contains literal and
verbatim transcriptions of intelligence-related rules or publication[s] of the Navy.” In
said amended report, the expert witnesses stated that the information contained in
the book “is in the public domain.” Finally, the expert witnesses concluded that the
book “undoubtedly affect[ed] institutional interests [of the Chilean Navy,] since the
author claims to act in compliance with the moral obligation to disclose his
knowledge and expertise to the public, implicitly stating that his training as an
intelligence expert […] allowed him to write about intelligence issues.”55
63(24) On March 10, 1993, the Deputy Naval Prosecutor sent letters rogatory to the
Naval Prosecutor of Valparaíso requesting him to examine Palamara-Iribarne’s direct
chief and ordering that an official letter be sent to the Chief of the General Staff of
the Navy requiring him to inform whether “he processed any type of authorization
prior to the publication of the book” authored by Palamara-Iribarne.56 On April 30,
1993, the officer that served as chief of Palamara-Iribarne from February to
December 1992, rendered a statement before the Naval Prosecutor of Magallanes.57
52
Cf. Order of the Deputy Naval Prosecutor of Magallanes of March 10, 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 805).
53
Cf. Expert report requested by the Naval Prosecutor of Magallanes of April 26, 1993 (appendixes to
the complaint, appendix 4, page 36).
54
Cf. Order of the Naval Prosecutor of Magallanes of May 20, 1993 (appendixes to the complaint,
appendix 5, page 38).
55
Cf. Amended expert report of July 20, 1993 (Case No. 464 before the Naval Court of Magallanes on
the crimes of disobedience and breach of military duties, appendix 4 to the complaint, pages 43 and 44).
56
Cf. Order of the Deputy Naval Prosecutor of Magallanes of March 10, 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 808).
57
Cf. Order of the Naval Judge of Magallanes and the Commander in Chief of the Third Naval Zone of
March 12, 1993; and statement of the Chief of Department of the Office of the Commander in Chief of the
Third Naval Zone between February and December 1992, rendered before the Naval Prosecutor of
Valparaíso on April 30, 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
818 and 1116).
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