49 63(79) On June 17, 1993, the Interim Naval Judge, having jurisdiction under section 26 of Law No. 12,927, issued a resolution wherein he stated that, although Mr. Palamara-Iribarne was involved in Criminal Cases No. 464, 465 and in the first proceedings, all which had been consolidated into a single proceeding (supra para. 63(17)), section 160(2) of the Organic Court Code “empower[ed] him to [...] order, through a well-founded ruling, that the case be heard separately.” Additionally, he pointed out that the court had jurisdiction to try the crime of contempt pursuant to section 26 of Law No. 12,927.129 63(80) On July 12, 1993, the Naval Prosecutor of Magallanes issued a writ of indictment against Mr. Palamara-Iribarne, whereby he became a party in Case No. 471 for committing the crime of contempt provided for in section 264(3) of the Chilean Criminal Code, in relation to sections 265 and 266 thereof, when he made public statements before the press that seriously slandered the Office of the Naval Prosecutor and because he considered that those facts “gave rise to the crime of contempt.” The above mentioned Naval Prosecutor based his writ of indictment, inter alia, on evidence contained in the records of the other proceedings pending before the Naval Court of Magallanes, as well as on some of the assertions included in Motion for Protection No. 10-93 filed with the Court of Appeals by Mr. PalamaraIribarne’s wife (supra para. 63(36) and 63(37)). In said writ, the Naval Prosecutor of Magallanes considered that, pursuant to section 274 of the Code of Criminal Procedure, Mr. Palamara-Iribarne had to be held in remand custody at Garrison IM “Orden y Seguridad” (“Order and Security”).130 63(81) On July 12, 1993, upon being notified of the writ of indictment, Mr. PalamaraIribarne filed a motion of appeal against said writ (supra para. 63(80)). That same day, his defense counsel “request[ed] that the constitutional benefit of release on bail be granted [...,] all the more so because there were no proceedings pending in relation to the case.”131 63(82) On July 12, 1993, the Naval Prosecutor of Magallanes “grant[ed] the appeal lodged by the defendant,” “[d]ecid[ed] the request for release on bail, setting the amount of said bail,” and “[r]eferr[ed the] record to the [...] Navy Court-Martial, in appeal of the writ of indictment and consultation about the granted release.”132 129 Cf. Resolution issued by the Interim Naval Judge of Magallanes on June 17, 1993 (Case No. 471 before the Naval Court in and for Magallanes, for the crime of contempt, record of appendixes to the complaint, volume V, appendix 10, folio 1946). 130 Cf. Resolution issued by the Naval Prosecutor of Magallanes on July 12, 1993 (Case No. 471 before the Naval Court in and for Magallanes, for the crime of contempt, record of appendixes to the complaint, volume V, appendix 10, folio 1961 and 1964). 131 Cf. Requests filed by Mr. Humberto Antonio Palamara-Iribarne’s defense counsel with the Naval Prosecutor of Magallanes on July 30 and August 25, 1993 (Case No. 471 before the Naval Court in and for Magallanes, for the crime of contempt, record of appendixes to the complaint, volume V, appendix 10, folio 1967). 132 Cf. Resolution issued by the Naval Prosecutor of Magallanes on July 12, 1993 (Case No. 471 before the Naval Court in and for Magallanes, for the crime of contempt, record of appendixes to the complaint, volume V, appendix 10, folio 1969).

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