41 established and punished in section 336(3) of the Code of Military Justice” and “which arose when” from the Naval Prosecutor’s writ of indictment of July 12, 1993 (supra para. 63(56)), and also ordered that “the words ‘the crimes’ be replaced with ‘the crime’.” Furthermore, the Court-Martial “confirm[ed] the contested resolution […] with a statement that proceedings be instituted against Mr. Humberto Antonio Palamara-Iribarne,”102 63(58) The Office of the Naval Prosecutor of Magallanes conducted investigations into the exact number of edited copies of the book “Ética y Servicios de Inteligencia” (“Ethics and Intelligence Services”), as well as the location of “missing copies” and the surrender thereof to the court. To do so, it called upon and took statements from those who, according to the information of Case File No. 464, might have a copy of the book or those who had made comments on the book in the media; and the Naval Judge prevented the case from being sent to full trial until all copies of the book were collected.103 63(59) On August 25 and September 9, 1993, Mr. Humberto Antonio PalamaraIribarne’s defense counsel filed requests “for authorization to establish domicile outside the jurisdiction of the Court” with the Naval Prosecutor of Magallanes, in order to allow his client to look for a job, since “it [had] proved impossible for him to find a job” in Punta Arenas. Around those days, the Naval Prosecutor authorized Mr. Palamara-Iribarne to leave the jurisdiction of the Court, pointing out that “he [was] subject to weekly control of his signature at the Office of the Naval Prosecutor of Valparaíso.” Mr. Palamara-Iribarne complied with said signature controls in Valparaíso.104 63(60) On September 24, 1993, the Naval Prosecutor of Magallanes issued his opinion regarding “the investigation into alleged crimes of disobedience and breach of military duties” corresponding to Case No. 464 and Case No. 465, which were consolidated through a resolution dated April 30, 1993 (supra para. 63(48)), together with the “first proceedings,” through a resolution dated June 3, 1993 (supra para. 63(53)), and declared the preliminary investigation stage concluded. In said 102 Cf. Resolution issued by the Valparaíso Court-Martial on July 15, 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), folio 1292). 103 Cf. Report of Judicial Police Station of Punta Arenas of April 5, 1993 addressed to the Naval Prosecutor of Magallanes; formal summons of April 8, 1993 issued by the Naval Prosecutor of Magallanes; statement rendered by Ms. Anne Stewart-Orlandini on April 15, 1993; statement rendered by the legal representative of the publishing company Ateli S. A. on April 20, 1993; statement made by Ms. Mackenney Schauk on April 16, 1993; and statement rendered by Mr. Humberto Antonio Palamara’s mother on April 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 III, appendix 9(a), folios 957, 958, 966, 968, 969, 1002 and 1229). 104 Cf. Requests filed by Mr. Palamara-Iribarne’s defense counsel before the Naval Prosecutor of Magallanes on August 25 and September 9, 1993; and resolutions issued by the Naval Prosecutor of Magallanes on August 25 and September 9, 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 1359-1364 and 1379).

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