29
made a statement before the above-referred Prosecutor and Clerk.46 Thereafter, at
12:40 a.m. on March 2, 1993, at the Clerk’s Office, he was notified that the
Prosecutor had delivered an order stating that “there were no sufficient grounds for
arresting the accused,” and ordered his release from custody “under the legal rules
in force, notifying the order prohibiting him from leaving the country.47
63(22) On March 2, 1993, the Deputy Naval Prosecutor of Magallanes summoned
Palamara-Iribarne through the Punta Arenas Investigation Police Department, “under
warning of arrest,” to appear that same day before the “Naval Court for the first
hearing of the Preliminary Investigation” conducted by the Office of the Prosecutor.48
Palamara-Iribarne failed to appear at the hearing and the Naval Prosecutor ordered
his “arrest to secure appearance of the accused,”49 who was arrested that same
afternoon at his home. The summons, the arrest warrant and the police chief’s report
failed to state the crime under investigation.50 On that same day, Palamara-Iribarne,
under the custody of the Office of the Prosecutor, rendered a new statement before
the above-mentioned Deputy Naval Prosecutor and was released thereafter.51
63(23) On March 10, 1993, the Deputy Naval Prosecutor of Magallanes ordered
issuance of rogatory letters requesting the Naval Prosecutor of the First Naval Zone
to “appoint two expert witnesses with expertise in Intelligence” to make a report on
“how adversely the confidentiality and security of naval services has been affected by
defendant Humberto Antonio Palamara-Iribarne as a result of the publication of the
46
Cf. Statement of Humberto Antonio Palamara-Iribarne of March 2, 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),
page 746).
47
Cf. Order of the Deputy Naval Prosecutor of Magallanes of March 2, 1993; statement of Humberto
Antonio Palamara-Iribarne of March 2, 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 749 and 750); and testimony of
Humberto Antonio Palamara-Iribarne rendered before the Inter-American Court during the public hearing
held on May 9, 2005
48
Cf. Order of the Deputy Naval Prosecutor of Magallanes of March 2, 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 755).
49
Cf. Arrest warrant against Humberto Antonio Palamara-Iribarne issued by 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
754 and 755).
50
Cf. Report No. 1089 of the Detective of the Punta Arenas Judicial Police Station of March 2, 1993;
arrest warrant against Humberto Palamara-Iribarne issued by 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 758 and 757).
51
Cf. Statement of Humberto Antonio Palamara-Iribarne rendered before the Deputy Naval
Prosecutor of Magallanes on March 2, 1993; and order of the Deputy Naval Prosecutor of March 2, 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 760, 762 and 763).
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