3. Criminal procedural laws 101. Chile modernized its criminal procedural laws in 2000. On September 29 that year, Congress promulgated Law No. 19,696, which established the Criminal Procedural Code to replace the 1906 Code of Criminal Procedure.106 102. According to the evidence in the case file, the new Code meant passing from a criminal procedural system of an inquisitorial nature to one of an adversarial nature. 107 This system is characterized by the central role of the oral public trial before oral criminal trial courts.108 The principles of the oral and public nature of trials are regulated in articles 291 and 289 of this Code respectively. In addition, the evidentiary activity is governed by the principle of immediacy, which means that, as a general rule, it must be submitted during the hearing of the oral trial, save for the exceptions established by law. 103. The new Code gradually entered into force in the different regions of Chile. Its article 484 established the dates as of which it would enter into force for each region. The criminal proceedings held against Víctor Ancalaf Llaupe were processed under the 1906 Code of Criminal Procedure (Law No. 1853), because the acts for which he was tried occurred in the Region of Bío Bío before the entry into force of the new Criminal Procedural Code in that region. In contrast, the criminal proceedings held against the other seven presumed victims in this case were governed by the 2000 Criminal Procedural Code (Law No. 19,696), because the acts for which they were tried occurred in the Region of Araucanía following the entry into force of the said code in that region. 104. Article 78 of the 1906 Code of Criminal Procedure109 established the confidentiality of the preliminary proceedings, and its article 189 contained provisions on the confidentiality of the identity of witnesses “with regard to third parties” and “special measures designed to protect the safety of the witness” (infra para. 235). Article 182 of the 2000 Criminal Procedural Code established the confidentiality of “certain actions, records or documents […] with regard to the accused or others who intervene in the proceedings.” In addition, articles 307 and 308 regulate, respectively, the authority of the “court” to order the “prohibition” “to disclose” the “identity” of the witness and “to order special measures designed to protect the safety of the witness” who requests this (infra para. 232.a). Article 15 of Law No. 18,314 in force at the time of the events of this case regulated the authority of the Public Prosecution Service to order “special measures of protection [… t]o protect the identity of those who intervene in the proceedings,” which can be reviewed by the judge responsible for ensuring that the rights of the accused are respected (juez de garantía) at the request of those who intervene in the proceedings; and article 16 regulated the authority of the court “to decree the prohibition to reveal […] the identity of protected witnesses or expert witnesses” (infra para. 232.b). 106 Cf. Law No. 19,696 which “[e]stablishes the Criminal Procedural Code,” published in the official gazette on October 12, 2000 (file of helpful evidence presented by the State, folio 1067), available at: http://www.leychile.cl/Navegar?idNorma=176595&buscar=19696, and Law No. 1853 “Code of Criminal Procedure,” published on February 19, 1906 (file of annexes to the CEJIL motions and arguments brief, annex B.5., folios 1858 to 2006), available at: http://www.leychile.cl/Navegar?idNorma=22960&buscar=ley+1853 107 Cf. Statement made by expert witness Claudio Fuentes Maureira before the Inter-American Court during the public hearing held on May 29 and 30, 2013, and affidavit prepared on May 17, 2013, by expert witness Claudio Alejandro Fierro Morales (file of statements of presumed victims, witnesses and expert witnesses, folio 3). Similarly: Case of Palamara Iribarne v. Chile. Merits, reparations and costs. Judgment of November 22, 2005. Series C No. 135, para. 122. 108 These are collegiate courts where decisions are taken by three judges. Cf. Judgments delivered on September 27, 2003, April 14, 2003, and August 22, 2004, by the Angol Oral Criminal Trial Court (file of annexes to the Merits Report 176/10, annexes 15, 16 and 18, folios 508 to 554, 555 to 574 and 607 to 687), and statement made by expert witness Claudio Fuentes Maureira before the Inter-American Court during the public hearing held on May 29 and 30, 2013. 109 Code of Criminal Procedure promulgated on February 13, 1906 (file of annexes to the CEJIL brief with motions, arguments and evidence, annex B5, folios 1858 to 2006). 37