3. The express foundation on the conditions that motivate the detention, citing the applicable legal provisions; and, 4. The place where it is to be carried out. 226. The Commission observes in the instant case that the pre-trial detention orders of August 3, October 17, and November 14, 2000, did not comply with requirements 2 and 3 of Article 236 of the Code of Criminal Procedure, on not containing: (i) a succinct statement of the fact or facts attributed to Ms. Andrade Salmón, or of the circumstances of time, manner, and place in which Ms. Andrade allegedly committed the unlawful act; or (ii) an analysis of the existence in the specific case of the danger of flight or obstruction, in light of Articles 234 and 235 of the Code of Criminal Procedure. To the contrary, both detention orders were based solely on the purported guilty of the accused, for which no foundation was given. 227. The standards of the inter-American system for the protection of human rights reflect that deprivation of liberty should be the exception and not the rule, and accordingly require that the authorities make an individualized analysis of the circumstances that could justify that exceptional measure, which was not done in the instant case. Therefore, the Commission concludes, based on the facts provide and the analysis, that in the Gader and Street Lamps proceedings, the State of Bolivia violated Articles 7(1), 7(2), and 7(3) of the American Convention in connection with Articles 8(2) and 1(1) of said instrument, to the detriment of Ms. Andrade, on ordering her pre-trial detention and keeping her deprived of liberty based on the detention orders of August 3, October 17, and November 14, 2000, without justifying the need to deprive Ms. Andrade of liberty based on the danger of flight or obstruction of justice in the specific case, and for failing the establish the indicia of her guilt. A.2 Articles 7(6) and 25 of the American Convention 228. The Commission notes that the habeas corpus action, established at Article 7(6) of the American Convention, constitutes the fundamental guarantee for safeguarding the right of every person not to be subject to illegal or arbitrary detention. This remedy, moreover, should offer the possibility of the judicial authority verifying that the person detained is receiving humane treatment, and it should be an expeditious, suitable, and effective judicial remedy that guarantees those rights which in supervening fashion may be violated by the very conditions of the deprivation of liberty.277 The existence of such a remedy is based on Article 25(1) of the American Convention. 229. The IACHR spelled out the standards regarding the nature and scope of such a remedy in the Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas278: Principle V. … All persons deprived of liberty shall have the right, exercised by themselves of by others, to present a simple, prompt, and effective recourse before the competent, independent, and impartial authorities, against acts or omissions that violate or threaten to violate their human rights. In particular, persons deprived of liberty shall have the right to lodge complaints or claims about acts of torture, prison violence, corporal punishment, cruel, inhuman, or degrading treatment or punishment, as well as concerning prison or internment conditions, the lack of appropriate medical or psychological care, and of adequate food. 230. The Commission observes that in general the legislation of the member states of the OAS establishes remedies of this sort, with certain differences in terms of what they are called. In some cases this function is performed by the acción de amparo or acción de tutela, and in others, by the writ of habeas corpus itself in one or another of its modalities. What is important, independent of the name given to the remedy, is 277 IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas, OEA/Ser.L/V/II. Doc 64, December 31, 2011, para. 244. 278 Document approved by the Commission at its 131st regular period of sessions, held March 3 to 14, 2008.