36
63(41) On March 31, 1993, the Chief of Garrison IM “Orden y Seguridad” (“Order
and Security”) (M) went to the Hospital of the Armed Forces where PalamaraIribarne “was being medically treated for his nervous condition” and told him that
“the comments he made to the media amounted to a manifest disobedience of the
above-mentioned order” (supra para. 63(38)).79 That same day, the Garrison Chief
forwarded a report to the Commander in Chief of the Third Naval Zone, whereby he
pointed out that “on page 10 of La Prensa Austral newspaper, of Punta Arenas, there
is an article [… where Palamara-Iribarne] asserts to have been discriminated by the
[Naval] Institution, in violation of the order” delivered on March 26, 1993 (supra
para. 63(38)), and that he had skipped “the claim procedure outlined under the
Ordinance of the Navy.”80
63(42) On April 2, 1993, Palamara-Iribarne appeared before the Naval Prosecutor
of Magallanes and stated, inter alia, that he was not acquainted with the reasons
for such request and that the comments he made to the journalists of “La Prensa
Austral” newspaper did not constitute criticism against the Navy “because he was
only refer[ing] to an event that actually occurred, which does not amount to
classified information.”81 That same day, the Naval Prosecutor of Magallanes
ordered the journalist who authored the above-mentioned article (supra para.
63(40)) to appear before his office, and the latter also stated that he ignored the
reasons for such request.82
63(43) On April 13, 1993, the attorney for Palamara-Iribarne filed a brief whereby he
requested “restitution of all copies” of the book on behalf of his client because,
during the preliminary investigation, the prosecution “failed to prove the occurrence
of an event that may adversely affect the interests of the Navy or jeopardize national
security,” the above-mentioned individual did not disclose secrets about the Navy,
and the crimes of disobedience and breach of military duties charged upon him did
not justify “upholding [said] seizure.” Moreover, he asserted that said measure
79
Cf. Statement of the Chief of Garrison IM “Orden y Seguridad” (“Order and Security”) rendered
before the Naval Prosecutor of Magallanes on March 31, 1993, and statement of Humberto Antonio
Palamara-Iribarne of April 2, 1993, rendered before the Naval Prosecutor (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 1063 and 1076).
80
Cf. Report on “disobedience committed by civil servant hired as contractor” Humberto Antonio
Palamara-Iribarne by the Chief of Garrison IM “Orden y Seguridad” (“Order and Security”) of March 31,
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 1055).
81
Cf. Statement rendered by Humberto Antonio Palamara-Iribarne on April 2, 1993, before the 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
1075).
82
Cf. Order of the Naval Prosecutor of April 2, 1993; and statement rendered by journalist Poly Rain
on April 5, 1993, before the 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), folios 1079 y 1080).
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