41
established and punished in section 336(3) of the Code of Military Justice” and
“which arose when” from the Naval Prosecutor’s writ of indictment of July 12, 1993
(supra para. 63(56)), and also ordered that “the words ‘the crimes’ be replaced with
‘the crime’.” Furthermore, the Court-Martial “confirm[ed] the contested resolution
[…] with a statement that proceedings be instituted against Mr. Humberto Antonio
Palamara-Iribarne,”102
63(58) The Office of the Naval Prosecutor of Magallanes conducted investigations
into the exact number of edited copies of the book “Ética y Servicios de Inteligencia”
(“Ethics and Intelligence Services”), as well as the location of “missing copies” and
the surrender thereof to the court. To do so, it called upon and took statements from
those who, according to the information of Case File No. 464, might have a copy of
the book or those who had made comments on the book in the media; and the Naval
Judge prevented the case from being sent to full trial until all copies of the book were
collected.103
63(59) On August 25 and September 9, 1993, Mr. Humberto Antonio PalamaraIribarne’s defense counsel filed requests “for authorization to establish domicile
outside the jurisdiction of the Court” with the Naval Prosecutor of Magallanes, in
order to allow his client to look for a job, since “it [had] proved impossible for him to
find a job” in Punta Arenas. Around those days, the Naval Prosecutor authorized Mr.
Palamara-Iribarne to leave the jurisdiction of the Court, pointing out that “he [was]
subject to weekly control of his signature at the Office of the Naval Prosecutor of
Valparaíso.” Mr. Palamara-Iribarne complied with said signature controls in
Valparaíso.104
63(60) On September 24, 1993, the Naval Prosecutor of Magallanes issued his
opinion regarding “the investigation into alleged crimes of disobedience and breach
of military duties” corresponding to Case No. 464 and Case No. 465, which were
consolidated through a resolution dated April 30, 1993 (supra para. 63(48)),
together with the “first proceedings,” through a resolution dated June 3, 1993 (supra
para. 63(53)), and declared the preliminary investigation stage concluded. In said
102
Cf. Resolution issued by the Valparaíso Court-Martial on July 15, 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 III, appendix 9(b), folio 1292).
103
Cf. Report of Judicial Police Station of Punta Arenas of April 5, 1993 addressed to the Naval
Prosecutor of Magallanes; formal summons of April 8, 1993 issued by the Naval Prosecutor of Magallanes;
statement rendered by Ms. Anne Stewart-Orlandini on April 15, 1993; statement rendered by the legal
representative of the publishing company Ateli S. A. on April 20, 1993; statement made by Ms.
Mackenney Schauk on April 16, 1993; and statement rendered by Mr. Humberto Antonio Palamara’s
mother on April 29, 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 III, appendix
9(a), folios 957, 958, 966, 968, 969, 1002 and 1229).
104
Cf. Requests filed by Mr. Palamara-Iribarne’s defense counsel before the Naval Prosecutor of
Magallanes on August 25 and September 9, 1993; and resolutions issued by the Naval Prosecutor of
Magallanes on August 25 and September 9, 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 1359-1364 and 1379).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents