39
“Orden y Seguridad” (“Order and Security”) forwarded a report to the Commander in
Chief of the Third Naval Zone, wherein he affirmed that Mr. Palamara-Iribarne had
violated the order issued by said Chief of Garrison on March 26, 1993 (supra para.
63(38)), for he had made critical comments that damage the image of the institution
and the Office of the Commander in Chief of the Third Naval Zone.95
63(52) Mr. Palamara-Iribarne’s defense counsel filed an appeal of complaint against
the Naval Prosecutor of Magallanes for “abuses committed in […] the processing of
File No. 464 […,] by denying access to the preliminary investigation and delaying the
confrontations”. On June 1, 1993, the Valparaíso Court-Martial decided said appeal of
complaint and pointed out that it was pursuant to law that Mr. Palamara-Iribarne had
been denied access to the preliminary investigation and that, in accordance with
section 78 of the Code of Criminal Procedure and section 129 of the Code of Military
Justice, the preliminary investigation was secret and this was not attributable to the
contested Prosecutor. Furthermore, as regards the request for confrontations, “since
it had been ruled that the issue would be timely decided, no determination had been
made about it, wherefore the […] Prosecutor had to issue a decision thereon” (supra
para. 63(47)).96
63(53) On June 3, 1993, the Naval Judge of Magallanes, Hugo Bruna-Greene,
ordered that the first proceedings initiated in the wake of Mr. Palamara-Iribarne’s
radio statements, conducted by the Naval Prosecutor of Magallanes, be consolidated
with Case No. 464.97
63(54) On June 15, 1993, Mr. Palamara-Iribarne, upon being summoned by the
Naval Prosecutor, stated, inter alia, that when he deleted the content of his book
from his computer “he removed it from the hard drive.” That same day, the Naval
Prosecutor of Magallanes ordered that a mechanical engineer specializing in systems
analysis give an expert opinion on Mr. Palamara-Iribarne’s computer and verify
whether or not “the information [to which Mr. Palamara-Iribarne referred in the
statement rendered before the Naval Prosecutor] had been actually deleted from the
computer.” The next day, the expert witness reported that the information pertaining
to the book could not be found in the files of the computer he had checked.98
complaint, volume III, appendix 9(b), folios 1153 to 1165).
95
Cf. Report of May 6, 1993 of the Chief of Garrison IM “Orden y Seguridad” (“Order and Security”)
addressed to the Commander in Chief of the Third Naval Zone (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 1153).
96
Cf. Complaint appeal filed by Mr. Palamara-Iribarne’s defense counsel with the Valparaíso CourtMartial on June 1, 1993; and resolution issued by the Valparaíso Court-Martial on June 1, 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), folios 1207 to 1212).
97
Cf. Resolution issued on June 3, 1993 by the Naval Judge of Magallanes (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 1181).
98
Cf. Statement rendered by Mr. Palamara-Iribarne before the Naval Prosecutor of Magallanes on
June 15, 1993; resolution issued by the Naval Prosecutor of Magallanes on June 15, 1993; and expert
opinion issued on June 16, 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,
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos