37
violates the right to express an opinion and to inform the public without prior
censorship, in any way and by any means,” as established in Article 19(2) of the
Political Constitution of Chile.83
63(44) On April 14, 1993, the Naval Judge of Magallanes, Hugo Bruna-Greene, who
had found himself “disqualified” to hear Case No. 464 (supra para. 63(25)), ordered
that “a preliminary investigation be conducted” and “the […] case file be forwarded
to the Naval Prosecutor of Magallanes for further proceedings,” under File No. 465.84
63(45) As a result of the above-mentioned statements (supra paras. 63(39) and
63(40), Palamara-Iribarne was charged with another count of disobedience of orders
issued by a superior in rank.85
63(46) On April 15, 1993, the attorney for Palamara-Iribarne requested “access to
the preliminary investigation;” the following day, the Naval Prosecutor of Magallanes
dismissed said request and the Prosecutor’s dismissal was appealed against by said
attorney on April 21, 1993.86 That same day, the Naval Prosecutor “dismissed” the
motion of appeal on the grounds that it “refers […] to a nonappealable order.”87
63(47) On April 27, 1993, once again, the attorney for Palamara-Iribarne requested
the Naval Prosecutor of Magallanes access to the preliminary investigation to
“contribute the information necessary to forthwith close proceedings” and requested
confrontation between the statements made by his representatives and the
interpretation of said statements made by the Military Attorney General’s Office upon
requesting release on bail in the closing arguments, because there were material
contradictions that should be clarified.88 The following day, the Naval Prosecutor of
83
Cf. Request filed by the attorney for Palamara-Iribarne on April 13, 1993, before the Naval
Prosecutor of Magallanes (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
982 to 984).
84
Cf. Order of the Naval Judge of Magallanes of April 14, 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(b), page 1087).
85
Cf. Order of the Naval Judge of Magallanes of April 14, 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(b), page 1087).
86
Cf. Request filed by the attorney for Palamara-Iribarne on April 15, 1993, before the Naval
Prosecutor of Magallanes; order of the Naval Prosecutor of Magallanes of April 16, 1993; and motion of
appeal raised by the attorney for Palamara-Iribarne before the Naval Prosecutor of Magallanes on April 21,
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 1000 and 1016).
87
Cf. Order of the Naval Prosecutor of Magallanes of April 21, 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 1016).
88
Cf. Request of April 27, 1993, filed by the attorney for Palamara-Iribarne before the Naval
Prosecutor of Magallanes (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
1032).
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