57
63(108) Around October 1993, due to economic problems, Ms. Stewart-Orlandini and
her three children had to move to another apartment in Punta Arenas, outside the
naval base, and later to her parents’ house in Viña del Mar, while Mr. PalamaraIribarne stayed with his mother. Mr. Palamara-Iribarne and Ms. Anne StewartOlardini have lived in separate houses since then. At present, Ms. Stewart-Orlandini
lives in Spain with two of her children, Humberto Antonio Palamara-Stewart and
Fernando Alejandro Palamara-Stewart, and Mr. Palamara-Iribarne lives in Viña del
Mar with his son Raimundo Jesús Palamara-Stewart.168
63(109) On November 16, 1993, the Sociedad de Escritores de Chile (Association of
Chilean Writers), “as a new token of [their] solidarity towards Mr. Palamara-Iribarne
for the censorship suffer[ed] by his book, [told him] that he was eligible to become a
Cooperating Partner.”169
63(110) On June 28, 1994, the División Jurídica de la Contraloría General de la
República de Chile (Legal Division of the General Comptroller’s Office of the Chilean
Republic) issued a resolution answering the questions posed to said institution by Mr.
Palamara-Iribarne regarding his labor condition.170 Said questions were related to:
a)
the partial reconsideration of the opinion of December 20, 1993 regarding
the date on which his employment contract with the military institution was early
terminated, since “he had not been legally notified of the early termination of his
contract.” In this respect, the Legal Division expressed, inter alia, that “an
authority who has hired a contractor may terminate the contract early if the
official’s presence proves harmful or if it affects the discipline, order or simply
the convenience of the corresponding service.” Also, the Legal Division claimed
that the Comptroller’s Office had noted, “in several of its decisions,” that military
authorities are fully empowered to terminate contracts early;
b)
the legality of the “allowance for forced change of residence within the
same city [...], since he was forced to leave the dwelling he occupied in the city
of Punta Arenas.” In this respect, the Legal Division of the Comptroller’s Office
458, 569 and 573).
168
Cf. Testimony of Mr. Humberto Palamara-Iribarne, taken before the Inter-American Court during
the public hearing held on May 9, 2005; affidavit signed by Ms. Anne Ellen Stewart-Orlandini on April 2,
2005; affidavit signed by Mr. Antonio Palamara-Stewart on April 21, 2005; affidavit signed by Mr.
Fernando Alejandro Palamara-Stewart on April 21, 2005; and affidavit executed by Mr. Raimundo Jesús
Palamara-Stewart before an officer authorized to administer oaths on April 21, 2005 (case file on the
merits, reparations, and costs, volume II, folios 456-458, 569, 573 and 574).
169
Cf. Communication of the Sociedad de Escritores de Chile (Association of Chilean Writers) (Case
No. 464 before the Naval Court in and for Magallanes, for the crimes of disobedience and breach of
military duties, record of appendixes to the complaint, volume III, appendix 9.c, folio 1535).
170
Cf. Report on the labor condition of Mr. Palamara-Iribarne issued by the Legal Division of the
General Comptroller’s Office of the Chilean Republic on June 28, 1994 (Case No. 464 before the Naval
Court in and for Magallanes, for the crimes of disobedience and breach of military duties, record of
appendixes to the complaint, volume IV, appendix 9.c, folios 1515-1520).
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