32 c) Based on the evidence presented in the case file and the statements rendered by Palamara-Iribarne, there were grounds to believe that he was liable as perpetrator of the above-mentioned crimes; and, therefore, he should be prosecuted; d) As Palamara-Iribarne was required to remain in custody pending trial at the Military Garrison IM “Orden y Seguridad” (“Order and Security”), an arrest warrant was issued against him, to be enforced by the Punta Arenas Investigation Police Department; and e) Palamara-Iribarne could not be released due to “proceedings pending execution” that “require[d] that defendant be held in custody,” to wit: statement of his direct chief, official letter to the Chief of the General Staff of the Navy (supra para. 63(24)) and filing of a certificate of birth and criminal record of the accused. 63(28) On March 15, 1993, the Deputy Naval Prosecutor of the Naval Court of Magallanes ordered the arrest of Palamara-Iribarne and the search of his residence, if necessary, but neither said order nor the arrest warrant of March 16, 1993, made reference to the type of crime under investigation.61 Palamara-Iribarne was detained at his house and held under the custody of the Office of the Naval Prosecutor of Magallanes.62 Palamara-Iribarne served time at the Military Garrison IM “Orden y Seguridad” (“Order and Security”).63 63(29) On March 16, 1993, Humberto Antonio Palamara-Iribarne requested the Deputy Naval Prosecutor of Magallanes to be released on bail “on the grounds that the crime of which he [was] accused by the Court was not punishable by long-term imprisonment and, in particular, because he consider[ed] that he [had] not committed any crime; that [his] arrest [was] unnecessary for the investigation; that he need[ed] to take care of his family; that he [was] not dangerous for society; and that [...] he [would] not flee or hide to evade the orders of the prosecution.” In said request, Palamara-Iribarne appointed an attorney to represent him.64 On that same day, the Deputy Naval Prosecutor “dismissed” the request filed by Palamara-Iribarne, 61 Cf. Order of the Deputy Naval Prosecutor of Magallanes of March 15, 1993; arrest warrant of March 16, 1993, issued by the Deputy Naval Prosecutor of Magallanes; and report No. 1279 of March 16, 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 838 and 840). 62 Cf. Report No. 1279 of March 16, 1993, issued by the precinct police chief of Punta Arenas Judicial Police Station (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 840). 63 Cf. Summons issued by the Naval Prosecutor of Magallanes on March 23, 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 933). 64 Cf. Request for release on bail dated March 16, 1993, filed by Humberto Antonio Palamara-Iribarne with 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 828).

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