25
63(11) On February 18, 1993, Palamara-Iribarne requested in writing to the
Commander in Chief of the Third Naval Zone an “[a]uthorization to [p]ublish [his]
book,” on the grounds that “he wishe[d] to make it public in his own name,” that its
contents referred to “the general role of intelligence from an ethical standpoint” and
that “it [did not] contain classified information.”28 That same day, the Commander
in Chief forwarded a memorandum to the Chief of the General Staff whereby he
informed that Palamara-Iribarne had requested authorization to publish his book
and attached a simple copy of the text for its consideration and “further
authorization of publication.”29
63(12) On February 26, 1993, the “Naval Authority” of Valparaíso phoned the
Commander in Chief of the Third Naval Zone to notify him that “publication of the
book had not been authorized and that said decision would be officially
communicated,” because it considered that its contents posed a threat to “[national]
security and defense.” Said Commander in Chief instructed the Chief of the General
Staff and the Chief of Department A-2 of the Third Naval Zone to notify PalamaraIribarne the decision made by the Naval Authority. On February 28, 1993, the Chief
of the Department notified Palamara-Iribarne by oral means that his book “had not
been authorized by the Institution,” and that said decision would be officially
notified to him.30
63(13) On March 1, 1993, Palamara-Iribarne appeared before the Commander in
Chief of the Third Naval Zone, who notified him that his book had not been
authorized. Palamara-Iribarne stated that he was willing to publish the book without
authorization.31 The Commander in Chief, who also served as Naval Judge of
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 813).
28
Cf. Testimony of Humberto Antonio Palamara-Iribarne rendered before the Inter-American Court
during the public hearing held on May 9, 2005; and report of the Office of the Commander in Chief of
the Third Naval Zone of March 1, 1993 (appendixes to the complaint, volume III, appendix 9(a)).
29
Cf. Memorandum of February 18, 1993 from the Commander in Chief of the Third Naval Zone to
the Chief of the General Staff (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
1256).
30
Cf. Testimony of Humberto Antonio Palamara-Iribarne rendered before the Inter-American Court
during the public hearing held on May 9, 2005; statement rendered by the Commander in Chief of the
Third Naval Zone before the Deputy Naval Prosecutor of Magallanes on March 10, 1993; statement
rendered by Chief of the Department of Naval Zone III, before the Deputy Naval Prosecutor of Magallanes
on 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 a, pages 767 and 813).
31
Cf. Testimony of Humberto Antonio Palamara-Iribarne rendered before the Inter-American Court
during the public hearing held on May 9, 2005; statement rendered by the Commander in Chief of the
Third Naval Zone on March 10, 1993, before the Deputy Naval Prosecutor of the Naval Court of
Magallanes; statement rendered by the Chief of Department of the Third Naval Zone before the Deputy
Naval Prosecutor of Magallanes on 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(a), pages 812, 767 and 768).
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