16 other facility or service, through the use of weapons or explosive devices or substances, or any other means capable of inflicting damage or seriously disrupting the peace or adversely affecting international relations or the 37 security of society and the State” (Article 2). 76. In contrast to cases involving common crimes, the investigation of crimes of terrorism was carried out by a department of the police known as the DINCOTE (National Antiterrorism Directorate), which was authorized to impose incommunicado detention, unilaterally and without consulting a judge, subject to informing a representative of the Public Prosecution Service and a judge that the arrest had been made. The DINCOTE had the power to decide whether the evidence was enough for charges to be brought, what those charges should be, and whether the defendant should appear before a civilian or military court. In addition, there were no restrictions 38 on the length of time that the DINCOTE had for interrogating suspects and preparing the charges. 77. Regarding the role of the National Police in those investigations, the conditions of incommunicado detention, and the denial of meetings with counsel, Decree Law No. 25475 provided as follows: Article 12. In investigating terrorism crimes, the National Police of Peru shall strictly abide by the applicable legal provisions and, specifically, the following: a. Take charge of investigations of terrorism crimes at the national level, deploying its personnel without any restriction set out in its institutional regulations. […] b. Oversee the defense of legality and respect for human rights and for international treaties and conventions. Thus, during this stage of the investigation, the presence of a representative of the Public Prosecution Service shall be requested. c. Hold suspects for no more than fifteen calendar days, giving notice in writing thereof to the Public Prosecution Service and to the corresponding criminal judge. d. When the circumstances and the complexity of the investigations so require, in order to cast additional light on the facts under investigation, the detainee may be ordered to be placed in incommunicado detention for up to the maximum period allowed by law, with the knowledge of the Public Prosecution Service and of the corresponding judicial authority. […] f. Accused persons shall be entitled to select defense counsel, who may only intervene after the detainee has given his statement to the representative of the Public Prosecution Service. If the detainee does not select defense counsel, the police authority shall assign a public defender, to be provided by the Ministry of 39 Justice. 78. Regarding the exercise of the right of defense by persons facing terrorism charges, in 1993 the Commission said that “while in theory those accused of terrorism have that right, in practice the right to defend oneself is so seriously shackled, it is virtually nonexistent. According to Decree Laws 25475 and 25744, the attorney cannot take part in the proceedings until the accused makes his or her statement in the presence of the prosecutor. The police can hold persons suspected of terrorism in preventive custody for 15 days but where the crimes of terrorism are classified as treason against fatherland, the period of preventive custody can be extended 40 even longer.” 37 UN Doc. E/CN.4/1998/39/Add.1 of February 19, 1998, Report of the Special Rapporteur on the independence of the judiciary and lawyers, Mr. Param Cumaraswamy, Report on the Mission to Peru, para. 49. 38 UN Doc. E/CN.4/1998/39/Add.1 of February 19, 1998, Report of the Special Rapporteur on the independence of the judiciary and lawyers, Mr. Param Cumaraswamy, Report on the Mission to Peru, paras. 50 and 51. 39 Decree Law No. 25475 of May 5, 1992, available on the web site of the Congress of the Republic of Peru: www.congreso.gob.pe/ntley/Imagenes/Leyes/25475.pdf. 40 Annual Report of the IACHR 1993, OEA/Ser.L/V/II.85, Doc. 8 rev., February 11, 1994, Chapter IV: Situation of Human Rights in Several States, Peru.