87 effect, Chile has failed to comply with the general duty to adopt domestic measures as set forth in Article 2 of the Convention. b) Right to be heard by a competent judge or court 145. The Court considers that the right to be tried by an impartial judge or court is a fundamental guarantee of due process. In other words, it must be ensured that the judge or court hearing a case does so based on the utmost objectivity. Furthermore, the independence of the Judiciary from the other State powers is essential for the exercise of judicial functions.196 146. The impartiality of a court implies that its members have no direct interest in, a pre-established viewpoint on, or a preference for one of the parties, and that they are not involved in the controversy. 147. The judge or court must withdraw from a case being heard thereby where there is some reason or doubt which is in detriment to the integrity of the court as an impartial body. For the sake of safeguarding the administration of justice, it must be ensured that the judge is free from any prejudices and that no doubts whatsoever may be cast on the exercise of jurisdictional functions. 148. Now, in analyzing Mr. Palamara-Iribarne’s right to be tried by an impartial and independent judge or tribunal, the Court must give special consideration to the structure and composition of military courts in Chile in peacetime. 149. As it results from the body of evidence in the instant case and from Article 1 of the Chilean Code of Military Justice, the power of military courts to hear civil and criminal cases, to “render judgment and enforce the provisions thereof” is exclusively incumbent upon the military courts established by said Code. These military courts have jurisdiction both over Chilean and foreign nationals to hear any cases under the military jurisdiction brought for facts which have occurred in the national territory. 150. As it results from the body of evidence and the expert examination carried out by María Inés Horvitz, the organic structure of the military justice in Chile in peacetime is made up of three instances including judges, prosecutors, judges advocate, and clerks, who are active-duty military members included in a “special rank system of military justice” and who are in a position of subordination and dependence within the military chain of command. Military jurisdiction is exercised by Institutional Courts, Prosecutors, Courts-Martial, and the Supreme Court. 151. Institutional Courts are classified into Military, Naval, and Aviation Courts. The first instance is exercised by the five Naval Courts located in the cities where the four military naval areas are based (Valparaíso, Talcahuano, Punta Arenas, and Iquique) and on the Squadron flagship. Each Naval Court is made up of the naval prosecutor; the naval judge, who is the Commander-in-Chief of the pertinent naval zone and need not be a lawyer; the judge advocate, who must be a lawyer and is appointed by the President of the Republic to advise the military judge; and the judge’s and prosecutor’s clerks. The Commander-in-Chief of a Military Unit has jurisdiction over the territory 196 Cf. Case of Herrera-Ulloa, supra note 174, para. 171.