304. Code of Criminal Procedure. The pre-trial detention of Víctor Ancalaf Llaupe was regulated by the provisions of the 1906 Code of Criminal Procedure. Article 274 of this code regulated bringing the accused to trial and article 363 of the code regulated the grounds on which “pre-trial release could be denied” and the grounds or purposes for which “it was understood that pre-trial detention or custody [was] necessary.”314 Furthermore, article 277 of this code stipulated that “during the proceedings, custody becomes pre-trial detention.” The relevant articles of the code are transcribed below. 2. DETENTION I. General regime Art. 251. To ensure the action of justice, the judges may order the detention of a person in the way and in the cases determined by law. Art. 252. The detention deprives of liberty for a short time an individual against whom there are wellfounded suspicions that he is responsible for an offense, or one against whom there is reason to believe that he has not provided the timely cooperation with justice required by law for the investigation of a wrongful act. Art. 253. No inhabitant of the Republic may be detained unless it is by order of a public official expressly authorized by law and after this order has been legally notified, unless he is surprised in flagrante delicto and, in that case, solely in order to take him before a competent judge. Art. 254. The detention may be carried out: 1) by order of the judge conducting the preliminary investigation or hearing the offense; (…) Art. 255. The judge conducting the preliminary investigation may order the detention: 1) When, following the establishment of the existence of an act that has the characteristics of an offense, the judge has well-founded suspicions to identify the perpetrator, accomplice, accessory after the fact, or the person whose detention is ordered; (…) 3. PROSECUTION AND PRE-TRIAL DETENTION Article 274. After the judge has examined the accused, he shall bring him to trial if, from the case file, it is clear that: 1) The existence of the offense investigated is validated, and 2) There are well-founded presumptions to consider that the accused has participated in the offense as perpetrator, accomplice or accessory after the fact. The judge shall try the accused for each of the wrongful acts that he is accused of, when the said circumstances are present. Article 275. The decision by which the accused is sent to trial or released shall be reasoned and shall indicate whether or not the conditions established in article 274 have been met. The authority who sends the accused to trial shall also state the background information taken into consideration and shall give a brief description of the acts that constitute the criminal offenses attributed to the accused. In the same decision, the judge shall include the particulars of the accused for the corresponding department, and shall grant the release of the accused, establishing if appropriate the amount of the 314 Expert witness Mauricio Duce explained that article 10.2 of Law 18,314 made the provisions of Title VI of Law 12,927 (on State Security of August 26, 1975) applicable to the case and, in its article 27.2, Law 18,314 makes Title II of Volume II of the Code of Military Justice, in force at the time, applicable. Lastly, this Code, in its articles 137, 138, 140 and 142, made certain provisions of the Code of Criminal Procedure applicable, related, inter alia, to the indictment and to pre-trial release. Article 140 of the Code of Military Justice made article 274 of the Code of Criminal Procedure applicable, while article 142 of the Code of Military Justice made the provisions of the Code of Criminal Procedure applicable with regard to pre-trial release. Cf. Affidavit prepared on May 15, 2013, by expert witness Mauricio Alfredo Duce Julio (file of statements of presumed victims, witnesses and expert witnesses, folio 38). Additionally, the Court notes that the investigating judge referred to article 275 of the Code of Criminal Procedure in the indictment issued against Mr. Ancalaf Llaupe. 105