31 63(25) On March 10, 1993, the Commander in Chief of the Third Naval Zone made a statement before the Deputy Naval Prosecutor. On March 12, 1993, the abovementioned Commander in Chief found himself “disqualified to conduct the proceedings related to the reported events as Naval Judge of Magallanes,” since he “ha[d] a relationship with and actively took part in the events that gave rise to the report originating the preliminary investigation which was forwarded to him for his knowledge and further decision.” Therefore, he ordered that “the case file be submitted to the […] Chief of the General Staff of the Third Naval Zone.”58 Preliminary investigation of the crimes of disobedience and breach of military duties 63(26) On March 13, 1993, the Interim Naval Judge decided to conduct a preliminary investigation under File No. 464.59 63(27) On March 15, 1993, the Deputy Naval Prosecutor of Magallanes issued a writ of indictment, whereby it stated that:60 a) The crime of disobedience of military duties provided for and punished under Article 299 No. 3 of the Military Justice Code, was duly evidenced in the case file as having been committed in February 1993, by an officer of the Chilean Navy who, without prior authorization, published a book containing information directly related to “classified matters” about a subject that may “give rise to dispute or controversy on the reputation of the Navy.” Following instructions of the above-mentioned officer, “at least one of said books” was distributed to a third party unconnected with the institution, all of which violates the duties provided for in Article 89 of Ordinance of the Navy No. 487 of April 21, 1988; b) The crime of disobedience provided for and punished under Article 337 No. 3 of the Military Justice Code, was duly evidenced in the case file as having been committed by an officer of the Navy who refused to comply with the order delivered by his superior in rank on March 1, 1993, when he was “expressly denied” authorization to publish a book and ordered to surrender the materials connected therewith; 58 Cf. Statement of the Commander in Chief of the Third Naval Zone of March 10, 1993, rendered before the Deputy Naval Prosecutor of Magallanes; and order of the Commander in Chief of the Third Naval Zone of March 12, 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 812 and 818). 59 Cf. Order of the Interim Naval Judge of Magallanes of March 13, 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 819). 60 Cf. Writ of indictment dated March 15, 1993, issued by the Deputy Naval Prosecutor of Magallanes against Humberto Antonio Palamara-Iribarne (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 823 and 824).