34
filed by the attorney for Palamara-Iribarne and decided to record “on the Book of
Abusive Passages” certain parts of the writing filed by the attorney which are crossed
out in the copy of the document incorporated to the case file.71
63(34) On March 25, 1993, the attorney for Palamara-Iribarne presented
documentary evidence before the Navy Court-Martial. That same day, the CourtMartial requested “that a copy of the book be incorporated to the case file” to
facilitate adjudication of the case, which order was executed by the deputy chief of
the General Staff of the Navy that same day.72
63(35) On March 26, 1993, the order of the Court-Martial of March 23, 1993,
instructing the release on bail of Palamara-Iribarne was executed73 (supra para.
63(31)).
With regard to the motion for protection raised by Palamara-Iribarne’s wife
before the Court of Appeals
63(36) On March 3, 1993, Anne Ellen Stewart-Orlandini filed a motion for protection
of her family and herself against the Chilean Navy based on the arbitrariness and
illegality of the acts performed by the Naval Prosecutor, on the grounds that they
infringed the constitutional guarantee of psychological integrity, the right to engage
in business, the right to property and copyrights. On March 24, 1993, the Court of
Appeals of Punta Arenas dismissed the motion, inter alia, because “it is not
incumbent [on that Court] […] to declare that a crime has been committed, to
resolve or rectify proceedings lawfully submitted before judicial authorities sitting in
another jurisdiction […].”74
63(37) Whoever considers that the decision of a military prosecutor adversely affects
Antonio Palamara-Iribarne of March 24, 1993, rendered 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), page 934).
71
Cf. Order of the Deputy Naval Prosecutor of the Naval Court of Magallanes of March 24, 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 937).
72
Cf. Analysis of the book “Ética y Servicios de Inteligencia” (“Ethics and Intelligence Services”)
presented by the attorney for Palamara-Iribarne before the Court-Martial of the Navy and newspaper
clippings (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 854 to 867).
73
Cf. Notice of the Chief of Garrison I.M. “Orden y Seguridad” (“Order and Security”) of March 26,
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 1057).
74
Cf. Motion for protection filed by Anne Ellen Steward-Orlandini with the Court of Appeals of Punta
Arenas (evidence presented to facilitate adjudication of the case filed by the State on October 31, 2005,
file on the merits, reparations, and costs, volume IV, pages 1098 to 1112); and order of the Court of
Appeals of Punta Arenas of March 24, 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 872).
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