43 nature of a suspension of guarantees (supra para. 103.a and 104.a). Consequently, the Court must analyze this matter. B.1.1. Domestic legal framework at the time of the facts 112. The Peruvian Constitution enacted in 1979 and in force at the time of the facts of this case, established in Article 2, paragraphs 7, 9, 10, 20.g and 20.i, that everyone had the right: 7. To the inviolability of the home. No one may enter the home or conduct investigations or searches without the authorization of the person who lives there or by court order, except in a case of flagrante delicto or imminent danger of its perpetration. The exceptions based on health or serious risks are regulated by law. […] 9. To choose freely the place of residence, to move about national territory and to leave it and enter it, with the exception of restrictions for health reasons. Not to be repatriated or deported from the place of residence unless this is by court order or by application of the law concerning aliens. 10. To associate peacefully without weapons. Meetings in private places or those that are open to the public do not require prior notice. Meetings that are called in public places and streets require prior notice to the authority, which may prohibit them only on proven grounds of public safety and health. […] 20. To personal liberty and security. […] g) No one may be arrested unless it is by a written and reasoned order of a judge or by the police authorities in flagrante delicto. In any case, the person detained must be brought before the respective court within 24 hours or in relation to the distance. An exception to this is made in cases of terrorism, espionage, and illegal drug trafficking in which the police authorities may execute the preventive detention of those presumably involved for no more than 15 calendar days, and must advise the Public Prosecution Service and the judge, who may assume jurisdiction before the expiry of this time limit. h) Everyone shall be informed immediately and in writing of the grounds or reasons for their arrest. They have the right to communicate with, and be assisted by, legal counsel of their own choosing as soon as they are summoned or detained by the authorities. i) No one may be kept incommunicado unless this is essential in order to clarify an offense, and in the manner and for the time established by law. The authorities are obliged to indicate promptly the place where the person detained is being kept, and will be held responsible if they do not do so.180 113. In addition, Article 231 (a) of that Constitution established that: The President of the Republic, with the agreement of the Council of Ministers, decrees the states of emergency that are established in this article, for a specific time, in all or part of the territory, and after advising Congress or the Permanent Commission: a. State of emergency, in case of disturbance of the peace or internal order, of catastrophe or grave circumstances that affect the life of the Nation. In this eventuality, the President may suspend the constitutional guarantees relating to freedom of association and the inviolability of the home, freedom of association and of movement in the territory, that are established in paragraphs 7, 9 and 10 of article 2 and in paragraph 20(g) of the same article 2. Under no circumstances may the penalty of banishment be imposed. The term of the state of emergency may not exceed sixty days. The extension requires a new decree. During states of emergency the Armed Forces assume the control of internal order when decided by the President of the Republic. 114. It should be noted at the time of the detention of Gladys Espinoza a decree published on March 23, 1993, was in force 181 in the Department of Lima and the Constitutional Province of Callao, which extended the state of emergency and suspended the constitutional guarantees established in paragraphs 7, 9, 10 and 20(g) of article 2, rights to the inviolability of the home, to movement, to association, to be arrested only by court order or in flagrante delicto, and to be brought before a judge within the maximum established time frame, as follows: 180 Constitution of Peru of simplificacion/const/1979.htm July 12, 1979, Available at: http://www.congreso.gob.pe/comisiones/1999/ 181 Cf. Supreme Decree No. 019-93-DE/CCPPAA, published on March 23, 1993, extending the state of emergency in the Department of Lima and the Constitutional Province of Callao (evidence file, folio 5995).