27
63(17) Case No. 464 pending before the Naval Court of Magallanes against
Humberto Antonio Palamara-Iribarne is based on the events detailed above (supra
paras. 63(1) to 63(16)). At first, the Naval Prosecutor, referred to two crimes:
disobedience and breach of military duties. The defendant and his attorney were not
allowed to access the case file during the preliminary investigation. At different
stages of the proceedings taken during the preliminary investigation, the Naval
Prosecutor acting in said Court charged Palamara-Iribarne with two other counts of
disobedience for subsequent acts (infra paras. 63(38) to 63(56)). The new case and
the first proceedings instituted for the above-mentioned acts were joined in Criminal
Case No. 464.37
First proceedings for the crimes of disobedience and breach of military duties
63(18) The first proceedings were instituted under a complaint lodged by phone by
Vicente Casselli-Ramos, Deputy Chief of the General Staff of the Office of the
Commander in Chief of the Third Naval Zone and under the order to seize the copies
of the book “Ética y Servicios de Inteligencia” (“Ethics and Intelligence Services”)
kept at Ateli publishing company; said seizure warrant was issued by the
Commander in Chief of the Third Naval Zone on the grounds that defendant had
written and published the book “Ética y Servicios de Inteligencia” (“Ethics and
Intelligence Services”), in violation of the institutional procedure in force and direct
orders to refrain from publishing the book on the grounds that its contents posed a
threat to national security and defense. On March 1, 1993, the Deputy Naval
Prosecutor issued an order instructing seizure of “each and every existing writing,
document or publication” kept by said publishing company.38 That same day, a
report on the “violation [of Article 89] of the Ordinance of the Navy and
insubordination,” signed by the Chief of Department A-2 of the Third Naval Zone,
direct chief of Palamara-Iribarne, was filed with the Office of the Commander in Chief
of the Third Naval Zone.39
63(19) On March 1, 1993, at 6:45 p.m., the Deputy Naval Prosecutor and the Clerk
of the Naval Court of Magallanes visited the facilities of Ateli publishing company and
seized 16 copies of the book, 1 diskette containing the entire text of the book, three
packages containing five books each with an undetermined number of spare pages
37
37 Cf. Orders delivered by the Naval Judge of Magallanes on April 30 and May 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), pages 1092 and 1181).
38
Cf. Statement rendered by Gustavo Adolfo Leiva-Balich, Advocate of the Naval Judge of
Magallanes; statement rendered by Rafael Leopoldo Mera-Muñoz (Case File No. 471, appendixes to the
complaint, appendix 10, pages 2111 to 2114); and order delivered by the Deputy Naval Prosecutor of
Magallanes on March 1, 1993 (Case No. 464 before the Naval Court of Magallanes on the crimes of
disobedience and breach of military duties, evidence to facilitate adjudication of the case presented by
the State on October 31, 2005, file on the merits and possible reparations and costs, volume IV, page
1138).
39
Cf. Report J.DP.A-2 RES. No. 1590/11/2 CJ.IIIa. ZN. of the Chief of Department A-2 of the Office of
the Commander in Chief of the Third Naval Zone of March 1, 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 737 and 738).
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