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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