7
as soon as it was published in the Official Gazette.
43. On September 9, 2005, the State submitted a brief and appendixes
containing a copy of the Armed Forces Constitutional Organic Law of Chile, and
stated that, “it constitutes a relevant precedent for the resolution of the case and
that said law has been repeatedly mentioned in the instant case.” Moreover,
together with that brief, Chile submitted a copy of the Armed Forces Personnel
Regulations, the Disciplinary Rules of the Navy and a copy of Sections 299 to
339 of the Annotated Code of Military Justice.
44. On September 16, 2005, the State filed a brief and an appendix including a
copy of Law No. 20,048 and stated that said Law “abrogated contempt of authority
as a crime under Chilean legislation.” On September 19, 2005, as instructed by the
President, the Secretariat set October 3 and 10, 2005, as the expiration dates of the
terms allowed to the representatives and the Commission, respectively, to submit
their comments on the above-mentioned brief and appendix.
45. On October 3, 2005, the representatives filed a brief through which they
submitted their comments on the brief filed by the State and its appendix (supra
para. 44). On October 11, 2005, the Commission submitted its comments on the
brief filed by the State and its appendix.
46. On October 18, 2005, as instructed by the President, the Secretariat submitted
to the State a note requesting the following information, as set forth in Section 45(2)
of the Rules of Procedure of the Court: request for protective measure filed by the
wife of Palamara-Iribarne with the Court of Appeals of Punta Arenas and the
complete case file; the complaint initiating proceedings for the crime of disobedience
and breach of military duties filed with the Naval Court of Magallanes; the order
passed by the Commander in Chief of the Chilean Navy on May 28, 1993, ordering
early termination of the employment contract of Palamara-Iribarne; and expert
opinion No. 34,913 of December 20, 1993, regarding the effective date of early
termination of the employment contract signed by Palamara-Iribarne.
47. On October 31, 2005, the State filed a brief and appendixes through which it
submitted the information requested by the President of the Court on October 18,
2005.
V
EVIDENCE
48. Before examining the evidence offered, in the light of the provisions set forth in
Articles 44 and 45 of the Rules of Procedure, the Court will state a number of
considerations arising from the precedents of the Court, which apply to the instant
case.
49. As regards the weighing of evidence, the contradictory principle is applied in
order to respect the right of defense of the parties. This principle underlies Article 44
of the Rules of Procedure, inasmuch as it refers to the time when evidence must be
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