16
February 20 or 22, 1993, he was informed that personnel from the Office of
the Commander in Chief of the Navy of Valparaíso wished to inspect the
contents of the book; therefore, he gave two copies to the Commander in
Chief of the Third Naval Zone, who sent the copies to the Chief of the General
Navy Staff and the Directorate of Intelligence of the Navy. He did not attempt
to publish the book through the Navy publishing company because the cost
“was higher than at Ateli publishing company” and because the nature of the
book was personal and it would “acquire a quasi-official nature if published
through the Navy.”
On March 1, 1993, the Commander in Chief of the Third Naval Zone informed
him that the book had been banned by the Navy as it posed a threat to
national defense and security; he was further warned to surrender all copies
of the book and any material used in printing said publication. He refused
because his book did not constitute an attack to national defense or security
and those copies were his private property, since he had contributed funds to
sell the book. He was told that his opinion “was not important,” that the
“sources used to write the book” were irrelevant, that he should consider
himself arrested and that at 3 p.m. he should go the publishing company “to
withdraw the copies.”
The witness did not go to the publishing company.
However, a “navy squad” went to the printing house and the owner refused to
deliver the books, as no seizure warrant was produced. A few hours later,
members of the Office of the Naval Prosecutor appeared at the publishing
company and took all material related to the book: some copies, “computer
files” and the galleys. Around 9 p.m. that same day, they appeared at his
home and took “most copies of his book,” but “about thirty-five to forty
copies were lost from the time of seizure until judgment was rendered.” The
Naval Prosecutor ordered that “the text of the book be deleted from his
personal computer;” therefore, he complied with that order. That same night,
he was arrested and taken to the Office of the Naval Prosecutor, where he
rendered a statement until about 12:30 a.m. the following day and “remained
there under an order prohibiting him from leaving.“
Two criminal proceedings were initiated against him: one for disobedience
of military duties and another for the crime of contempt of authority. The
proceedings for breach of orders were initiated as a result of his refusal to
deliver the copies of the book to the Commander in Chief of the Third Naval
Zone and for having “failed to comply with [...] Section 89 of the Ordinance
of the Navy,” which sets forth that authorization must be requested from
the Commander of the Navy to publish “press articles.” However, he
attempted to publish “a book” and not a “press article;” therefore, the case
did not fall under that legal description. During those proceedings, he was
imprisoned “for about ten days.” The criminal proceedings for the crime of
contempt of authority were initiated after he called a press conference at
his residence, despite “an order not to make any statements [...] issued by
the Office of the Prosecutor.” At that conference, he complained about
having received “humiliating treatment” and being persecuted for
“defending himself against the actions [of the] Naval Corporation” which
also caused a detriment to his family. He was charged with the crime of
contempt of authority which was previously contemplated in the Criminal
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos