26
Magallanes, orally ordered Palamara-Iribarne to halt the publication process32 and to
accompany the Chief of Department in his mission to withdraw “all records of the
book from the publishing house.” To accomplish such mission, they should go to the
publishing house at 3 p.m. Palamara-Iribarne failed to go to the publishing house.33
63(14) On March 2, 1993, the Chilean Navy issued a press release whereby it stated
that Palamara-Iribarne “would have violated the solemn oath binding on him under
naval rules to hold in strict confidence any information of which he may have become
aware during the performance of his official duties, regardless of the fact that the
contents and, in particular, the opinion of the author of said work, may mislead the
readers and adversely affect the interests of the institution.”34
63(15) On March 3, 1993, the Commander in Chief of the Third Naval Zone
withdrew “the authorization [granted unto Palamara-Iribarne] to publish a column in
‘La Prensa Austral’ newspaper.”35
63(16) In response to the refusal of Palamara-Iribarne to halt publication of the book
“Ética y Servicios de Inteligencia” (“Ethics and Intelligence Services”) and his failure
to request authorization to publish said book, criminal proceedings were instituted
against him in the Naval Court of Magallanes for the crimes of disobedience and
breach of military duties. Moreover, based on the same events, a summary
administrative investigation was conducted by the Office of the Naval Administrative
Prosecutor of the Third Naval Zone for administrative violations.36
With regard to Case No. 464 against Palamara-Iribarne for the crimes of
disobedience and breach of military duties pending before the Naval Court of
Magallanes
32
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 739).
33
Cf. Report of the Chief of Department A-2 of the Office of the Commander in Chief of the Third
Naval Zone of March 1, 1993; seizure record dated March 1, 2005; testimony of Humberto Antonio
Palamara-Iribarne rendered before the Inter-American Court during the public hearing held on May 9,
2005; and statement rendered by the Commander in Chief of the Third Naval Zone on March 10, 1993
before 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), pages 738, 739 and 815).
34
Cf. Chilean Navy press release No. 24/93 of March 2, 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 980).
35
Cf. Order of the Commander in Chief of the Third Naval Zone of March 3, 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.c, page 1534).
36
Cf. 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.c); and administrative summary
investigation conducted by the Office of the Naval Prosecutor of the Third Naval Zone of Punta Arenas
(appendixes to the complaint, volume IV, appendix 8, page 1022).
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