51
63(86) On October 6, 1993, the Naval Prosecutor of Magallanes “let the defendant
have access to the record so that he may answer the charges against him within the
legal term of six days.”140
63(87) On November 18, 1993 Mr. Palamara-Iribarne’s defense counsel filed the
“reply to the Prosecutor’s opinion” and forwarded a copy of a newspaper article
“containing statements by the […] Navy Commander in Chief that, to date, two
investigations were being conducted in relation to the case, as well as a photocopy of
the report prepared by the […] Deputy Prosecutor, which refers to one complaint
only, a circumstance that motivated Mr. Palamara-Iribarne’s statements, which […] ,
in turn, g[ave] rise to the proceedings.”141
63(88) On September 7, 1994, the Naval Judge of Magallanes pronounced a
judgment acquitting Mr. Palamara-Iribarne of the crime of contempt, and concluded
that “the merits [had] been neither suitable nor sufficient to establish the existence of
the illegal act giving rise to the charges [and, furthermore, the defendant] [did] not
have the intent or the willingness to offend any person, let alone an authority; his
statements result[ed] from a way of thinking of the time, inspired by a defensive
stance taken against circumstances that affected him, but exempt from any intent or
willingness to offend or insult.” 142
63(89) On September 27, 1994, the term for filing appeals against said judgment
expired without any appeals having been filed. Nonetheless, on October 4, 1994, the
Naval Judge of Magallanes issued a resolution “empowering the [Naval Court of
Valparaíso] to refer the record to the […] Navy Court-Martial, for its opinion.”143
63(90) On November 11, 1994, the Naval Judge of Valparaíso issued a resolution
whereby, pursuant to “the authority conferred by [...] the resolution of the [Naval
Judge of Magallanes of October 4, 1994 (supra para. 63(89)),] he referr[ed] the
record to the […] Navy Court-Martial for its opinion.”144
63(91) On January 3, 1995, the Navy Court-Martial overturned the acquittal of the
court of first instance and found Mr. Palamara-Iribarne guilty of the crime of
140
Cf. Decision issued by the Naval Prosecutor of Magallanes on October 6, 1993 (Case No. 471 before
the Naval Court in and for Magallanes, for the crime of contempt, record of appendixes to the complaint,
volume V, appendix 10, folio 2088).
141
Cf. Brief filed by Mr. Humberto Antonio Palamara-Iribarne’s defense counsel on November 18,
1993 (Case No. 471 before the Naval Court in and for Magallanes, for the crime of contempt, record of
appendixes to the complaint, volume V, appendix 10, folio 2096).
142
Cf. Judgment entered by the Naval Court in and for Magallanes on September 7, 1993 (Case No.
471 before the Naval Court in and for Magallanes, for the crime of contempt, record of appendixes to the
complaint, volume V, appendix 10, folio 2152).
143
Cf. Resolution issued by the Naval Judge of Magallanes on October 4, 1994 (Case No. 471 before
the Naval Court in and for Magallanes, for the crime of contempt, record of appendixes to the complaint,
volume V, appendix 10, folio 2158).
144
Cf. Resolution issued by the Naval Judge of Valparaíso on November 11, 1994 (Case No. 471
before the Naval Court in and for Magallanes, for the crime of contempt, record of appendixes to the
complaint, volume V, appendix 10, folio 2162).
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