17
Code. During these proceedings, he was imprisoned “for about […] five
days.” His wife filed with the Court of Appeals a request for protective
measures against the violation of his constitutional rights. The Naval Court
informed the Court of Appeals that “no proceedings had been initiated
[and…] that the prosecutor had acted on his own initiative based on a
complaint filed.” Neither he nor his attorney could have access to the case
file to prepare his defense during the investigation; they could only do so
after the Navy Prosecutor issued his report. They could not be present
when witness testimony was rendered and he rendered a statement “behind
closed doors.”
These proceedings had significant impact on his life and that of his family. He
lost his job, the money he spent in printing the books, he was arrested for
writing the book and had to move to Punta Arenas. Both proceedings reached
the Supreme Court of Chile; despite “the high costs” resulting therefrom.
Moreover, once he stopped serving at the Navy after he was sentenced within
the naval jurisdiction for “constituting an attack on national security,” he found
no chances of working as a naval mechanic engineer at any company.
Furthermore, in Viña del Mar, most families have at least one member in the
Navy; therefore, that community deems that posing a threat to national
security is “bad in itself.”
During the proceedings before the Commission, the State showed “some kind”
of intention to reach an agreement, but never made “a final proposal.”
EXPERT WITNESSES
a)
Proposed by the representatives of the alleged victim
1.
Cristian Riego-Ramírez, lawyer
In Chile, there exists a procedure “to implement a large criminal justice reform
aimed […] at incorporating the due process of law guarantee in the criminal
system.” Nevertheless, said reform excluded the military jurisdiction, where a
“significantly orthodox inquisitive system” is in force, disregarding the due
process guarantee and imposing certain aggravating circumstances.
This written procedure “basically consists of a unilateral and secret
investigation through which […] a military prosecutor […] carries out[…] a pretrial investigation procedure incorporating […] information to the written case
file,” without requesting the involvement of defendant or the attorney for
defendant, though in theory a request “for inspection of investigation records”
can be filed, and can be appealed upon denial. In practice, investigation
proceedings are secret and the defendant only intervenes to render a
statement, without the presence of his/her attorney. “All the information
incorporated to the case file throughout the written pre-trial investigation stage
will have conclusive evidentiary value at the time of rendering judgment;
therefore, it is considered investigation and evidence at the same time.”
The defense counsel may only intervene once the investigation is closed, when
the trial stage starts and evidence may be requested; however any evidence
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