42
opinion, the Naval Prosecutor considered that Mr. Palamara-Iribarne should be
convicted, in successive order, to: a) 541 days of minor military imprisonment, in
medium degree, for committing the crime of breach of military duties (section 299(3)
of the Code of Military Justice), by “publishing a book that dealt with institutional
matters [...,] without waiting for the authorization that had been requested pursuant
to section 89 of the Ordinance of the Navy;” b) 3 years of minor military
imprisonment, in medium degree, for committing the crime of disobedience (section
336(3) of the Code of Military Justice), by “openly refusing [to comply with the order
to] surrender the material pertaining to his book;” c) 541 days of minor military
imprisonment, in medium degree, for committing the crime of disobedience (section
337(3) of the Code of Military Justice), by “infringing the prohibition against
criticizing the Institution and its leaders[,] imposed on him through a military order
[(supra para. 63(38)], when he made statements on the radio and in the written
press complaining about and criticizing the Navy and its leaders;” d) loss of military
status; e) forfeiture of seized material; and f) he expressed that the 13 days during
which Mr. Palamara-Iribarne had been deprived of his freedom should be deducted
from the above mentioned sentences.105
63(61) On November 5, 1993, the Interim Naval Judge of Magallanes ordered that
the investigation proceedings related to the case be reopened, in order to conduct
pending proceedings, which included, inter alia, the interrogation of the Commander
in Chief of the Third Naval Zone regarding the written request for authorization to
publish submitted by Mr. Palamara-Iribarne on February 18, 1993 (supra para.
63(11)). On February 13, 1994, the Naval Prosecutor, once the above mentioned
proceedings had been conducted, declared “the preliminary investigation stage
concluded” and confirmed the opinion issued on September 24, 1993 (supra para.
63(60)).106 On March 16, 1994, the Interim Naval Judge of Magallanes ordered that
the investigation proceedings of the case be reopened, in order to conduct such
proceedings as might be necessary to complete the seizure of all the books held by a
person who had made public statements about their content and one of Mr.
Palamara-Iribarne’s next of kin. On August 8, 1994, the Third Interim Naval
Prosecutor declared the preliminary investigation stage concluded, and, on August
31, 1993, confirmed the first opinion of the Prosecutor.107 On October 5, 1994, the
Delegate of the Military Attorney’s General Office endorsed the Prosecutor’s
105
Cf. Opinion issued by the Naval Prosecutor of Magallanes on September 24, 1993 (Case No. 464
before the Naval Court in and for Magallanes, for the crimes of disobedience and breach of military duties,
record of appendixes to the complaint, volume IV, appendix 9.c, folios 1371-1378).
106
Cf. Resolution issued by the Interim Naval Judge on November 5, 1993; resolution issued by the
Naval Prosecutor of Magallanes on November 16, 1993; resolution issued by the Naval Prosecutor of
Magallanes on February 13, 1994 (Case No. 464 before the Naval Court in and for Magallanes, for the
crimes of disobedience and breach of military duties, record of appendixes to the complaint, volume IV,
appendix 9.c, folios 1382, 1383, 1437 and 1440).
107
Cf. Resolution issued by the Deputy Naval Prosecutor of Magallanes on August 8, 1994; and
extension of the Prosecutor’s opinion issued by the Deputy Naval Prosecutor of Magallanes on August 31,
1994 (Case No. 464 before the Naval Court in and for Magallanes, for the crimes of disobedience and
breach of military duties, record of appendixes to the complaint, volume IV, appendix 9.d, folios 1480 and
1485).
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