92 the case, and even third parties, may have on the proceedings. 169. The Code of Military Justice provides that military criminal proceedings in peacetime comprise two stages: the pre-trial investigation stage and trial. To the purpose of regulating criminal proceedings, said Code also refers to certain provisions of the Code of Criminal Procedure of 1993. 170. The Court considers that the above provisions, which set forth that in the Chilean military criminal jurisdiction the investigation stage of the proceedings must be confidential, except as otherwise provided by law, oppose the right to defense of the accused, as they prevent access to the record of the case and to the evidence gathered against him, which, in turn, prevents him from defending himself adequately, in violation of the provisions set forth in Article 8(2)(c). Furthermore, the Court notes that in the instant case all procedural steps taken by the military courts in the criminal proceedings brought against Mr. Palamara-Iribarne were written. 171. The investigation stage of Case No. 464 brought before the Naval Court of Magallanes lasted over a year and seven months, from March 13, 1993 to October 24, 1994, when the Naval Prosecutor referred the case to the military court for trial and Mr. Palamara-Iribarne’s counsel, for the first time, had access to the record of the case (supra paras. 63(63) and 63(64)). 172. As it has been proven, during the above proceedings the request so that Mr. Palamara-Iribarne may have access to the steps and procedures adopted against him was neither admitted. On several occasions Mr. Palamara-Iribarne’s counsel requested access to the procedures adopted during the investigation stage in order to prepare the defense of the accused, which was dismissed by the military courts, even when he filed an appeal against such decisions (supra paras. 63(46), 63(47), and 63(52)). Among other aspects, the Court highlights that the Court-Martial of Valparaíso, in response to an appeal of complaint filed by Mr. Palamara-Iribarne’s counsel against the above dismissal, pointed out that denial to access to the investigation steps was in keeping with law and was not attributable to the Prosecutor being challenged (supra para. 63(52)). 173. Pursuant to the Code of Military Justice, should the term of forty days as from the date of the decree ordering that the investigation stage be started be extended “and exceed the term of sixty days, such stage may be made public as long as this is not to the detriment of the success of the investigation, and any person who has a direct interest in its conclusion may take part to proceed to that end.” 174. With a few exceptions, the Court considers that the provision regarding the confidentiality of the investigation stage under the Chilean military jurisdiction opposes the guarantee of publicity of criminal proceedings pursuant to Article 8(5) of the Convention, is not consistent with the restrictive nature of the confidentiality of the investigation stage, is deemed to be an obstacle to access by the parties to all the steps taken during such procedural stage, and is not a strategy to temporarily protect sensitive information which may affect the course of the investigation. From the beginning of the first steps taken in any proceedings, all procedural guarantees must be ensured in order to safeguard the right to defense during the entire proceedings brought against a person charged with the commission of a criminal