51 63(86) On October 6, 1993, the Naval Prosecutor of Magallanes “let the defendant have access to the record so that he may answer the charges against him within the legal term of six days.”140 63(87) On November 18, 1993 Mr. Palamara-Iribarne’s defense counsel filed the “reply to the Prosecutor’s opinion” and forwarded a copy of a newspaper article “containing statements by the […] Navy Commander in Chief that, to date, two investigations were being conducted in relation to the case, as well as a photocopy of the report prepared by the […] Deputy Prosecutor, which refers to one complaint only, a circumstance that motivated Mr. Palamara-Iribarne’s statements, which […] , in turn, g[ave] rise to the proceedings.”141 63(88) On September 7, 1994, the Naval Judge of Magallanes pronounced a judgment acquitting Mr. Palamara-Iribarne of the crime of contempt, and concluded that “the merits [had] been neither suitable nor sufficient to establish the existence of the illegal act giving rise to the charges [and, furthermore, the defendant] [did] not have the intent or the willingness to offend any person, let alone an authority; his statements result[ed] from a way of thinking of the time, inspired by a defensive stance taken against circumstances that affected him, but exempt from any intent or willingness to offend or insult.” 142 63(89) On September 27, 1994, the term for filing appeals against said judgment expired without any appeals having been filed. Nonetheless, on October 4, 1994, the Naval Judge of Magallanes issued a resolution “empowering the [Naval Court of Valparaíso] to refer the record to the […] Navy Court-Martial, for its opinion.”143 63(90) On November 11, 1994, the Naval Judge of Valparaíso issued a resolution whereby, pursuant to “the authority conferred by [...] the resolution of the [Naval Judge of Magallanes of October 4, 1994 (supra para. 63(89)),] he referr[ed] the record to the […] Navy Court-Martial for its opinion.”144 63(91) On January 3, 1995, the Navy Court-Martial overturned the acquittal of the court of first instance and found Mr. Palamara-Iribarne guilty of the crime of 140 Cf. Decision issued by the Naval Prosecutor of Magallanes on October 6, 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 2088). 141 Cf. Brief filed by Mr. Humberto Antonio Palamara-Iribarne’s defense counsel on November 18, 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 2096). 142 Cf. Judgment entered by the Naval Court in and for Magallanes on September 7, 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 2152). 143 Cf. Resolution issued by the Naval Judge of Magallanes on October 4, 1994 (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 2158). 144 Cf. Resolution issued by the Naval Judge of Valparaíso on November 11, 1994 (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 2162).

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