The exception to this are cases of terrorism, spying, and illegal drug-trafficking in which the police authorities may carry out the preventive detention of those presumably involved for no longer than 15 calendar days, but must inform the Public Prosecution Service and the judge, who may assume jurisdiction before this period has expired. h) Everyone shall be informed immediately and in writing of the cause or reasons for his arrest. He shall have the right to communicate with and be assisted by a defense counsel of his election as of the time he is summoned or detained by the authorities. i) No one may be kept incommunicado, unless this is essential for clarifying an offense, and in the way and for the time established by law. The authorities are obliged to indicate, promptly, the place where the person is detained, subject to incurring responsibility. 228 130. Meanwhile, Article 231 of the current Constitution establishes that: Article 231. The President of the Republic, with the agreement of the Council of Ministers, decrees the states of emergency that this article contemplates, for a specific period, in all or part of the territory and informing Congress or the Permanent Commission: a. State of emergency, in case of disturbance of the peace or internal order, of catastrophe or of serious circumstances that affect the life of the Nation. In this eventuality, the constitutional guarantees relating to freedom of association and the inviolability of the home, freedom of association and movement in the territory contemplated in paragraphs 7, 9, 10 and 20(g) of article 2 may be suspended. Under no circumstance can the penalty of banishment be imposed. The state of emergency may not exceed sixty days. An extension requires a new decree. In a state of emergency, the Armed Forces assume control of internal order when decided by the President of the Republic. b. State of siege, in case of invasion, external war or civil war, or imminent danger that these may occur, specifying the personal guarantees that continue in effect. The state of siege shall not exceed forty-five days. When decreeing the state of siege, Congress meets by law. An extension requires the approval of Congress. 229 131. The procedural standards for the police investigation, preliminary inquiry and prosecution of 230 crimes committed for terrorist purposes were also in force. 132. At the time of Ms. J.’s detention, a decree suspending the right to the inviolability of the home, to movement and assembly, to be detained only by court order or in flagrante delicto, and to be brought before a judge within a set maximum period, contained in Article 2, paragraphs 7, 9, 10 and 20.g, respectively, of the Constitution was in force in Lima and the constitutional province of Callao (supra paras. 61 and 129). Taking this into account, the Court will analyze together the initial arrest of the presumed victim, the delay in bringing her before a judge, and the alleged violation of protection of the home (section A.1 infra). Then, the Court will examine the alleged violations in relation to: (A.2) the notification of the reasons for the detention; (A.3) the failure to register Ms. 228 Peruvian Constitution of July 12, 1979 (file of annexes to the State’s brief of August 14, 2013, folios 5190 and 5191). 229 Constitution of Peru of July 12, 1979 (file of annexes to the State’s brief of August 14, 2013, folios 5218 and 5219). 230 When Ms. J. was arrested, these norms established that: (i) the Peruvian Investigations Police were in charge of the investigation; (ii) if “the circumstances of the investigation” so required, it was possible to request that the detainee be kept incommunicado for 10 days; (iii) all statements by those involved must be given in the presence of their defense counsel; (iv) the preliminary investigation would be conducted by an ordinary criminal proceeding, with some modifications, including that when the investigating judge considered that the criminal action was not in order, he had to submit the corresponding decision to the Correctional Court for their opinion, and the detention was retained until that court had ruled, following a report by the senior prosecutor; (v) at the stage of the preliminary investigation, the judge could also order that the detainee be kept incommunicado for a maximum of 10 days, but this could not prevent the accused from communicating with his defense counsel; (vi) the Special Correctional Courts appointed by the Supreme Court were responsible for the trial; (vii) an appeal for a declaration of nullity before the Criminal Chamber of the Supreme Court was admissible against the judgments; (viii) the recusal of judges and prosecutors was only admissible if they had been a witness or had been harmed by the offense or in the cases established in the Code of Criminal Procedures “and evidence was required for the reasons alleged,” and (ix) the application for habeas corpus was not admissible against the 15-day police detention and the 10-day incommunicado authorized by the investigating judge. Cf. Law No. 24,700 of June 1987, which established the procedures for the police investigation, preliminary hearing and prosecution of terrorismrelated offenses (file of annexes to answering brief, annex 5, folios 3244 to 3248). 42