52
contempt. He was sentenced to 61 days of minor imprisonment, in minimum degree,
to payment of a fine in the amount of 11 basic salaries, to suspension from public
office or employment for the duration of the sentence and to defray the costs of the
case. The Navy Court-Martial pointed out that “the intent to slander was clear in the
statements published by the [Newspaper “La Prensa Austral”] and they prov[ed] that
the defendant was fully convinced of the insults he had uttered and aware of the
seriousness of the charges.” 145
63(92) On January 9, 1995, Mr. Palamara-Iribarne’s defense counsel filed an appeal
of complaint against the Judges of the Navy Court-Martial. In said complaint it was
alleged, inter alia, that the judges had committed “breaches or abuses” when they
held that the crime of contempt had existed and when they convicted Mr. PalamaraIribarne under circumstances in which the conditions that make up the essence of
the crime of contempt were not met.146
63(93) On July 20, 1995, the Chilean Supreme Court dismissed the appeal of
complaint , for it found that no breach or abuse had been committed by the
contested judges.147
Summary Administrative Investigation No. 1590 before the Office of the
Administrative Prosecutor of the Third Naval Zone, Punta Arenas
63(94) On March 1, 1993, through Resolution Nº 1590/11/2, the Head of the A-2
Department of the Office of the Commander in Chief of the Third Naval Zone, Mr.
Fernando Migram, informed the Commander in Chief of said Naval Zone, Hugo
Bruna-Greene, about Mr. Palamara-Iribarne’s “lack of compliance [with section 89 of
the] Ordinance of the Navy and insubordination” as well as about his failure to
conform to the disciplinary rules of the Navy.148 Said report can be found in the first
proceedings of Case No. 464 before the Naval Court of Magallanes (supra para.
63(18)).149
63(95) On March 2, 1993, the Commander in Chief of the Third Naval Zone, Hugo
Bruna-Greene, issued resolution No. 1590/11/4, wherein he decided: “to [a]ppoint
145
Cf. Judgment entered by the Valparaíso Court-Martial on January 3, 1995 (Case No. 471 before the
Naval Court in and for Magallanes, for the crime of contempt, record of appendixes to the complaint,
volume V, folios 2168 to 2175).
146
Cf. Complaint appeal filed by Mr. Humberto Antonio Palamara-Iribarne’s defense counsel with the
Chilean Supreme Court of Justice on January 9, 1995 (Entry No. 6448 before the Supreme Court, record
of appendixes to the complaint, appendix 10, folio 2210).
147
Cf. Decision issued by the Chilean Supreme Court of Justice on July 20, 1995 (Case No. 6,448,
record of appendixes to the complaint, appendix 10, folio 2221).
148
Cf. Resolution Nº 1590/11/4 issued by the Head of the A-2 Department of the Office of the
Commander in Chief of the Third Naval Zone on March 2, 1993 (Case File on the Summary Administrative
Investigation, record of appendixes to the complaint, volume II, appendix 8, folio 502).
149
Cf. Statement rendered by the Head of the A-2 Department of the Office of the Commander in
Chief of the Third Naval Zone before the Administrative Naval Prosecutor (Case File on the Summary
Administrative Investigation, record of appendixes to the complaint, volume II, appendix 8, folio 508).
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