37 violates the right to express an opinion and to inform the public without prior censorship, in any way and by any means,” as established in Article 19(2) of the Political Constitution of Chile.83 63(44) On April 14, 1993, the Naval Judge of Magallanes, Hugo Bruna-Greene, who had found himself “disqualified” to hear Case No. 464 (supra para. 63(25)), ordered that “a preliminary investigation be conducted” and “the […] case file be forwarded to the Naval Prosecutor of Magallanes for further proceedings,” under File No. 465.84 63(45) As a result of the above-mentioned statements (supra paras. 63(39) and 63(40), Palamara-Iribarne was charged with another count of disobedience of orders issued by a superior in rank.85 63(46) On April 15, 1993, the attorney for Palamara-Iribarne requested “access to the preliminary investigation;” the following day, the Naval Prosecutor of Magallanes dismissed said request and the Prosecutor’s dismissal was appealed against by said attorney on April 21, 1993.86 That same day, the Naval Prosecutor “dismissed” the motion of appeal on the grounds that it “refers […] to a nonappealable order.”87 63(47) On April 27, 1993, once again, the attorney for Palamara-Iribarne requested the Naval Prosecutor of Magallanes access to the preliminary investigation to “contribute the information necessary to forthwith close proceedings” and requested confrontation between the statements made by his representatives and the interpretation of said statements made by the Military Attorney General’s Office upon requesting release on bail in the closing arguments, because there were material contradictions that should be clarified.88 The following day, the Naval Prosecutor of 83 Cf. Request filed by the attorney for Palamara-Iribarne on April 13, 1993, before the 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 982 to 984). 84 Cf. Order of the Naval Judge of Magallanes of April 14, 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(b), page 1087). 85 Cf. Order of the Naval Judge of Magallanes of April 14, 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(b), page 1087). 86 Cf. Request filed by the attorney for Palamara-Iribarne on April 15, 1993, before the Naval Prosecutor of Magallanes; order of the Naval Prosecutor of Magallanes of April 16, 1993; and motion of appeal raised by the attorney for Palamara-Iribarne before the Naval Prosecutor of Magallanes on April 21, 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 1000 and 1016). 87 Cf. Order of the Naval Prosecutor of Magallanes of April 21, 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 1016). 88 Cf. Request of April 27, 1993, filed by the attorney for Palamara-Iribarne before the 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), page 1032).

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