55
that at the time of his retirement he was involved in a [summary administrative
investigation].” 159
Law No. 20,048 in relation to the crime of contempt
63(102) On August 31, 2005, Law No. 20,048 was published, “to amend the
provisions pertaining to contempt of the Criminal Code and the Code of Military
Justice.” Under this law: the heading of paragraph 1, Title VI of Book II of the
Criminal Code, “Attacks on and contempt of authorities” was replaced with “Attacks
on authorities;” section 263, which described the crime of slander against
authorities, was repealed; the text of section 264, which established the crime of
contempt of authorities, was amended; section 265, which established the crime of
contempt or serious slander against an authority, was repealed; the words “or
contempt” were struck from the two parts of section 266 where they appeared;
section 268, which defined the crime of mobbing or incitement to disorder at the
office of an authority or public company to the point of interrupting or halting their
activities, was repealed. Also, said law amended section 416(4) of the Code of
Military Justice and replaced the phrase “eleven to twenty basic salaries” with “six to
eleven monthly tax units.” The bill submitted by the Executive Power to the Chilean
House of Deputies put forward the amendment, though not the complete deletion, of
the sections of the Code of Military Justice that dealt with contempt.160
Labor and personal condition of Mr. Palamara-Iribarne after the different
proceedings
63(103) On March 1, 1993, when the Deputy Naval Prosecutor of Magallanes and the
Secretary seized the copies of the book “Ética y Servicios de Inteligencia” (“Ethics
and Intelligence Services”) (supra para. 63(19) and 63(20)), Mr. Palamara-Iribarne
was living with his family in Punta Arenas, in a subsidized dwelling, that is to say, an
apartment which the Navy allowed him to use as a benefit.161
63(104) On March 3, 1993, the Commander in Chief of the Third Naval Zone, Mr.
Hugo Bruna-Greene, issued a resolution suspending the authorization granted to Mr.
Palamara-Iribarne to make publications in the newspaper “La Prensa Austral.”162
159
Cf. Memorandum sent by the Dirección General de Personal de la Armada (Navy General Staff
Board) to Auditoría de Personal (Staff Audit Office) on August 23, 1993 (Case File on the Summary
Administrative Investigation, record of appendixes to the complaint, volume II, appendix 8, folio 735).
160
Cf. Law No. 20,048 published in the Official Gazette on August 31, 1993 (evidence of a supervening
fact produced by the State on September 16, 2005, case file on the merits, reparations, and costs,
volume IV, folios 996 and 997); and bill to amend the Criminal Code and the Code of Military Justice in
relation to contempt submitted to the House of Deputies on August 26, 2002 (record of appendixes to the
complaint, volume I, appendix 6, folio 53).
161
Cf. Report on the labor condition of Mr. Palamara-Iribarne issued by the Legal Division of General
Comptroller’s Office of the Chilean Republic on December 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 IV, appendix 9.c, folios 1526-1534).
162
Cf. Resolution issued by the Commander in Chief of the Third Naval Zone of Magallanes on March
3, 1993 (Case No. 464 before the Naval Court in and for Magallanes, for the crimes of disobedience and
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