45
crime established in section 299(3) of the Code of Military Justice;
e)
the additional punishment of being suspended from public office or
employment during the term of the sentences;
f)
forfeiture of 900 copies of the book “Ética y Servicios de Inteligencia”
(“Ethics and Intelligence Services”), a floppy disk containing the complete text
of the publication, 6,213 loose sheets of paper making up the book “Ética y
Servicios de Inteligencia” (“Ethics and Intelligence Services”), 90 thin
cardboard covers of said book, 4 of which were half printed, 31 brochures
advertising the book and 15 thin cardboard sheets with the cover design of the
book;
g)
defray the costs of the case; and
h)
in keeping with the requirements established by Law Nº 18,216, actual
compliance with imprisonment sentences was replaced with the benefit of night
imprisonment for a term of 649 days.
63(67) On July 17, 1996, Mr. Palamara-Iribarne filed a motion of appeal with the
Navy Court-Martial against the judgment rendered by the Naval Court in and for
Magallanes on June 10, 1996 (supra para. 63(66)), and raised “a defense to decline
assumption of jurisdiction.”116
63(68) On January 2, 1997, the Navy Court-Martial rendered a judgment117 whereby
it decided:
a)
to reject the defense to decline assumption of jurisdiction of military
courts raised by Mr. Palamara-Iribarner’s defense counsel (supra para. 63(65)),
inasmuch as “jurisdiction [...] over the crimes perpetrated by the defendant
arises from the military nature of both the punishable acts described in the
relevant code and the person that performed them,” as provided in section 6 of
the Code of Military Justice;
b)
to acquit Mr. Palamara-Iribarne of the crime of disobedience committed
by “giving interviews which were broadcast on the radio and in the written
press,” in contravention of an order issued by a superior, since the breach of
said order “has already been punished in case No. 471 before the Naval Court
in and for Magallanes […] for the crime of contempt.” Hence, the CourtMartial quashed the part of the contested judgment that sentenced defendant
Humberto Antonio Palamara-Iribarne to 61 days of minor military
116
Cf. Registered letter of the notification of the judgment of second instance entered by the Navy
Court-Martial of Valparaíso on January 2, 1997 (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 V, appendix 9.d, folios 1825 to 1828).
117
Cf. Registered letter of the notification of the judgment of second instance entered by the Navy
Court-Martial of Valparaíso on January 2, 1997 (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 V, appendix 9.d, folios 1825 to 1828).
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