33
“under the provisions of Art[icles] 361(1) and 363(1) of the Code of Criminal
Procedure,” on the grounds that “the certificate of birth and criminal record was not
attached to the case file.”65
63(30) On March 16, 1993, Palamara-Iribarne rendered a statement before the
Deputy Naval Prosecutor and the Clerk.66
63(31) On March 16, 1993, Palamara-Iribarne raised a motion of appeal against the
writ of indictment and the dismissal of the request for release.67 On March 23, 1993,
the Court-Martial reversed, “as to the appealed parts,” the Order of the Deputy Naval
Prosecutor of March 16, 1993 (supra para. 63(28)) and allowed Palamara-Iribarne to
be “released on bail” for an amount to be fixed by the Deputy Naval Prosecutor.68
63(32) On March 23, 1993, the attorney for Palamara-Iribarne requested the Deputy
Naval prosecutor of Magallanes to issue an order for final dismissal of the case that
gave rise to the investigation of the alleged disclosure of “secrets under Article 255
of the Military Justice Code,” to order restitution of the seized texts and materials,
since said seizure “[would] not be justified,” and to release defendant on parole.
Moreover, he alternatively requested to allow defendant to serve time under home
arrest or to order his transfer to a different location. The above-mentioned attorney
enclosed a copy of a book review by an “analyst of political-military matters”
published on the March 4, 1993 edition of “La Nación” newspaper, where the
columnist states that the book “neither poses a threat to national security” nor
“discloses any information” that may make someone think that “the book is
particularly delicate.” 69
63(33) On March 23, 1993, the Deputy Naval Prosecutor found it necessary to
examine Palamara-Iribarne, who finally rendered a statement that same day before
the Prosecutor.70 The following day, the Naval Prosecutor dismissed the requests
65
Cf. Order of the Deputy Naval Prosecutor of Magallanes of March 16, 1993 (Case No. 464 before
the Naval Court of Magallanes on the crimes of disobedience and breach of military duties, appendixes to
the complaint, volume III, appendix 9(a), page 842).
66
Cf. Statement of Humberto Antonio Palamara-Iribarne of March 16, 1993, rendered before the
Deputy Naval Prosecutor of Magallanes (Case No. 464 before the Naval Court of Magallanes on the crimes
of disobedience and breach of military duties, appendixes to the complaint, volume III, appendix 9(a),
pages 731 and 732).
67
Cf. Motion raised by Palamara-Iribarne on March 16, 1993 (Case No. 464 before the Naval Court of
Magallanes on the crimes of disobedience and breach of military duties, appendixes to the complaint,
volume III, appendix 9(a), pages 843 and 844).
68
Cf. Order of the Court-Martial of March 26, 1993 (Case No. 464 before the Naval Court of
Magallanes on the crimes of disobedience and breach of military duties, appendixes to the complaint,
volume III, appendix 9(a), page 902).
69
Cf. Request filed by the attorney for Palamara-Iribarne on March 23, 1993, before the Deputy
Naval Prosecutor of Magallanes (Case No. 464 before the Naval Court of Magallanes on the crimes of
disobedience and breach of military duties, appendixes to the complaint, volume III, appendix 9(a), pages
928 to 932).
70
Cf. Order of the Naval Prosecutor of Magallanes of March 23, 1993; and statement of Humberto
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