44
due to their very nature can only be committed by active-duty military
professionals goes beyond the necessary and natural jurisdiction provided for by
the law maker.” Furthermore, on said occasion, the above mentioned counsel
subsidiarily answered “the charges brought in the accusatory opinion” (supra
paras. 63(60) and 63(61)), holding, inter alia, that the alleged acts “did not
constitute a crime” and that an acquittal should be entered, and also produced
documentary, testimonial and expert witness evidence, as well as evidence
obtained through personal inspection.114
63(66) On June 10, 1996, the Naval Judge of Magallanes, “in agreement with the
judge advocate,” handed down a judgment in case Nº 464, whereby defendant
Humberto Antonio Palamara-Iribarne was convicted to:115
a)
“61 days of [m]inor [m]ilitary [i]mprisonment, in minimum degree, for
having committed the crime of [b]reach of [m]ilitary [d]uties” established in
section 299(3) of the Code of Military Justice, by having failed to comply with
the regulatory procedure set forth in section 89 of the Ordinance of the Navy
with “direct malice,” by printing, editing, publishing, promoting, registering and
selling the book “Ética y Servicios de Inteligencia” (“Ethics and Intelligence
Services”), despite having been refused an authorization to do so;
b)
540 days of minor military imprisonment, in minimum degree, for
committing the crime of disobedience established in section 337(3) of the Code
of Military Justice in relation to section 334 thereof, which makes it possible to
“understand the legal definition properly,” by failing to observe an order of the
Commander in Chief of the Third Naval Zone of the Navy “to surrender all the
copies of the book and other materials used in printing as soon as possible;”
c)
61 days of minor military imprisonment, in minimum degree, for
committing the crime of disobedience established in section 336(3) of the Code
of Military Justice, by breaching an order of the Chief of Garrison IM “Orden y
Seguridad” (“Order and Security”) of Magallanes that forbade Mr. PalamaraIribarne from making critical comments (supra para. 63(38)). The Judge
considered that Mr. Palamara-Iribarne had breached said order inasmuch as he
had issued critical opinions about institutional procedures, which were
published in the newspaper “La Prensa Austral” of Punta Arenas on March 31,
1993 and broadcast on radio;
d)
the additional punishment of loss of military status for committing the
114
Cf. Brief submitted by Mr. Palamara-Iribarne’s defense counsel before the Naval Prosecutor of
Valparaíso on February 20, 1995 filing a defense, answering the charges filed by the Prosecutor and
producing evidence (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, folio 1539-1566).
115
Cf. Judgment entered by the Naval Judge and the Navy Judge Advocate of Magallanes on June 10,
1996 (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, volumes IV and V, appendix 9.d, folios
1681 to 1824).
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