53
[an] administrative prosecutor […] to conduct a Summary Administrative
Investigation into the offense committed by the civil servant hired as a contractor
[...] Humberto Palamara-Iribarne.”150 On April 2, 1993, the above mentioned
Commander in Chief issued Resolution No. 1590/7/11, wherein he further instructed
“the [Administrative Prosecutor in charge] to inquire into the breaches of discipline
mentioned in the report” of March 30, 1993.151
63(96) On April 8, 1993, the Administrative Naval Prosecutor issued an opinion
wherein he expressed that it had been proved that Mr. Palamara-Iribarne, inter alia:
had not requested an authorization to publish through the regular channel; that,
upon informing the Commander in Chief of the Third Naval Zone, his book had
already been published, “and he willingly omitted to give [him] this information;”
that he was ordered “to halt the publication process of the book, which he did not
do;” that on March 1, 1993, he was officially notified that his book “had not been
authorized;” that he openly told the above mentioned Commander in Chief that he
would not comply with the order to surrender the books; and that he “gave false
reasons” for not going to work.”152
63(97) On April 30, 1993, the Administrative Naval Prosecutor ordered that two
expert witnesses be appointed “in order that they report to the Court on the content
of the [...] book, taking into account the disciplinary values and postulates that
govern the institution.” One of the appointed expert witnesses was the Chief of Staff
of the Third Naval Zone, Vicente Caselli-Ramos, who had filed the telephone
complaint that gave rise to Case No. 464 (supra para. 63(18)).153 On May 24, 1993,
both expert witnesses produced a report on the content of the book “Ética y
Servicios de Inteligencia” (“Ethics and Intelligence Services”), wherein they
concluded that: a) the document could be considered an authentic testimony of
intelligence services and could provide essential investigation tools for foreign
countries or political groups; and b) the statements and judgments contained in the
book could not have resulted from information obtained through open sources.154
150
Cf. Resolution No. 1590/11/4 issued by the Commander in Chief of the Third Naval Zone on March
2, 1993 (Case File on the Summary Administrative Investigation, record of appendixes to the complaint,
volume II, appendix 8, folio 506).
151
Cf. Report of the Chief of Garrison IM “Orden y Seguridad” (“Order and Security”) of March 30,
1993; resolution No. 1590/7/11 issued by the Commander in Chief of the Third Naval Zone on April 2,
1993; and resolution No. 1590/11/4 issued by the Commander in Chief of the Third Naval Zone on March
2, 1993 (Case File on the Summary Administrative Investigation, record of appendixes to the complaint,
volume II, appendix 8, folios 506 and 546 to 549).
152
Cf. Opinion issued by the Administrative Naval Prosecutor of Punta Arenas on April 8, 1993 (Case
File on the Summary Administrative Investigation, record of appendixes to the complaint, volume II,
appendix 8, folio 590).
153
Cf. Resolution issued by the Administrative Naval Prosecutor on April 30, 1993 (Case File on the
Summary Administrative Investigation, record of appendixes to the complaint, volume II, appendix 8, folio
599).
154
Cf. Expert opinion on the book “Ética y Servicios de Inteligencia” (“Ethics and Intelligence
Services”) of May 24, 1993 prepared by two expert witnesses (Case File on Summary Administrative
Summary No. 1590/11/4 of March 2, 1993, volume II, appendix 8, folio 675).
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