40 63(55) On July 6, 1993, Mr. Palamara-Iribarne rendered a statement before the Naval Prosecutor of Magallanes.99 63(56) On July 12, 1993, the Naval Prosecutor of Magallanes issued a writ of indictment for two crimes of disobedience arising from new facts (supra paras. 63(38) to 63(53)), wherein he ruled that:100 a) the record evidenced the existence of the crime of disobedience established in section 336(3) of the Code of Military Justice, which arose when Mr. Palamara-Iribarne went to the newspaper “La Prensa Austral” (supra para. 63(39)) and “made public […] complaints and criticisms against the Navy and its leaders, which were published in said newspaper on March 31, 1993,” all of it in contravention of the military order of March 26, 1993 (supra para. 63(40)); b) the record evidenced the existence of the crime of disobedience established in section 336(3) of the Code of Military Justice, which arose when Mr. Palamara-Iribarne “was interviewed at a radio program broadcast by Radio Nacional de Chile de Punta Arenas (National Radio of Chile at Punta Arenas) […,] ‘Propuesta 93’ […,] and complained about and criticized the Navy and its leaders;” and c) he issued a warrant for imprisonment of Mr. Palamara-Iribarne, through the Investigation Police of Punta Arenas, for committing the above mentioned crimes. In this regard, he was to be held in remand custody at Garrison IM “Orden y Seguridad” (“Order and Security”). 63(57) On July 12, 1993, Mr. Palamara-Iribarne, upon being notified of the writ of indictment, filed a motion of appeal against the order for preventive detention and requested that he be released on bail. That same day, the Naval Prosecutor of Magallanes “granted the appeal[, … d]ecide[d] the request for release on bail [and r]eferre[d” the appeal, the original record and the consultation on the granted release on bail] to the Navy Court-Martial.”101 On July 15, 1993, the Valparaíso Court-Martial decided to strike the phrases “existence of the crime of disobedience appendix 9 b, folios 1192, 1196 to 1199). 99 Cf. Statement rendered by Mr. Humberto Antonio Palamara-Iribarne before the Naval Prosecutor of Magallanes on July 6, 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), folios 1264 and 1265). 100 Cf. Writ of indictment issued by the Naval Prosecutor of Magallanes on July 12, 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), folios 1281 to 1283). 101 Cf. Motion of appeal filed by Mr. Palamara-Iribarne on July 12, 1993 against the writ of indictment issued by the Naval Prosecutor of Magallanes (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 1283).