43
opinion.108
63(62) On October 24, 1994, the Naval Prosecutor of Magallanes sent the case to full
trial so that defendant Humberto Palamara-Iribarne might answer the charges filed
against him” in the prosecutor’s opinions (supra paras. 63(60) and 63(61)). That
same day, said Naval Prosecutor authorized the Office of the Naval Prosecutor to
“give the case file to the defense counsel of the defendant,” who would thus have
access to said file for the first time.109
63(63) Proceedings remained at the preliminary investigation stage from March 13,
1993 to October 24, 1994 (supra para. 63(26) and 63(62)).110
63(64) On October 28, 1994, the Deputy Naval Prosecutor of Valparaíso notified Mr.
Palamara-Iribarne’s defense counsel that he had to “answer the charges filed by the
prosecutor within the legal term.”111 That same day, Mr. Palamara-Iribarne asked
said Prosecutor “for photocopies of all that was included in the record, to be used in
[his] defense,” which he obtained, at his expense.112 On February 14, 1995, the
Deputy Naval Prosecutor of Valparaíso appointed “the Corporación de Asistencia
Judicial de Valparaíso (Valparaíso Legal Services Corporation) to answer, within the
legal term, the charges [...] filed against the defendant;” since Mr. Palamara-Iribarne
and his defense counsel had failed to do so.113
63(65) On February 20, 1995 Mr. Palamara-Iribarne’s defense counsel raised “a
defense to decline assumption of jurisdiction or for lack of jurisdiction of the [...]
Naval Court in and for Magallanes,” since his client “was, from the legal point of
view, a civil servant hired as a contractor by the Chilean Navy,” which means that
“submitting a civil servant to the jurisdiction of a Military Court for crimes that
108
Cf. Decision issued by the Delegate of the Military Attorney´s General Office on October 5, 1994
(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 IV, appendix 9.c, folio 1490).
109
Cf. Resolutions issued by the Naval Judge of Magallanes on October 24, 1994 (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 IV, appendix 9.c, folios 1492 and 1493).
110
Cf. Resolution issued by the Naval Prosecutor of Magallanes on October 24, 1994 (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 IV, appendix 9.c, folio 1493).
111
Cf. Decision issued by the Naval Prosecutor of Valparaíso on October 28, 1994 (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 IV, appendix 9.c, folio 1495).
112
Cf. Request filed by Mr. Humberto Antonio Palamara-Iribarne with the Naval Prosecutor; and
resolution issued by the Deputy Naval Prosecutor of Valparaíso on October 31, 1994 (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 IV, appendix 9.c, folios 1497 and 1498).
113
Cf. Decision issued by the Naval Prosecutor of Valparaíso on February 14, 1995 (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 IV, appendix 9.c, folio 1508).
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