69 instrument establishes that during internal states of unrest, “human rights and fundamental liberties may not be suspended.”314 Among the powers of the Government established in the statute regulating states of emergency in Colombia — Law 137 of 1994 — is the power “to order through a warrant from a competent judicial authority, the preventive apprehension of persons about whom there is indicia regarding their participation, or regarding their plans to participate, in the commission of crimes, relating to the causes of the disruption in the public order.”315 The statute restricts the circumstances under which persons may be detained preventively without a warrant of the court noting: When there are insurmountable circumstances of urgency and it is necessary to protect a fundamental right in grave and imminent danger, prior written judicial authorization may be communicated verbally…When the circumstances set forth in the previous subparagraph arise and it is impossible to request judicial authorization, action may be taken without a warrant from a judicial official. The person preventively apprehended must be brought before a prosecutor as soon as possible and in all instances within the next twenty-four hours, so the prosecutor makes the appropriate decision within thirty-six hours. In this instance, the Office of the Inspector General must be informed of the act and of the reasons for taking this action, in order to take the 316 measures incumbent upon him. 242. The Constitutional Court of Colombia in Judgment C 802-02 examined the provisions of Decree 1837, under which the internal state of unrest was declared on August 12, 2002, and established that “the mere declaration of a state of emergency does not necessarily mean a restriction of rights and in view of the effect that a measure of this sort has on the course of community life, when it is going to be used, the liberties that will be restricted by the legislative decrees in effect must be generically identified.” The Court interpreted this power in the strictest sense, establishing that Decree 1837 only proclaimed “the need for the authorities to restrict free movement of persons and vehicles in specific places and at specific times,” and therefore, “this liberty, and this fundamental liberty alone may be abridged by the legislative decrees in effect.” As was established in the section on proven facts (paragraph 132 above) under Judgment C-1024-02, the Constitutional Court found any subsequent provisions of a legislative decree to be invalid in the context of the internal state of unrest that allowed for the arrest of suspects without a warrant and searches and inspections without judicial authorization. 243. Consequently, based on Colombian domestic legislation regulating potential suspects during an internal state of unrest, and the provisions of specific laws that are applicable to such states of emergency, it cannot be concluded that these laws justified detentions without an order from a “competent judicial authority.” The IACHR notes, therefore, that Ms. Mosquera, Naranjo and Yarce were detained without adherence to the provisions of the law in effect at the time of the incidents. 244. Accordingly, Ms. Mosquera, Naranjo and Yarce were detained without an order from a competent authority being involved, and without any reason provided. There is no evidence to indicate that they were caught in flagrante, or in any kind of circumstance of “insurmountable urgency” that would warrant their detention in violation of the requirements imposed under Colombian law. There are no facts either in the evidence provided by the parties to indicate that their detention was strictly 314 The same article provides that a statute shall regulate the powers of the government during states of emergency and shall establish “the judicial controls and guarantees in order to protect rights, in accordance with international treaties.” 315 Law 137 of 1994, Official Gazette No. 41.379 of June 3, 1994, under which states of emergency in Colombia are regulated, subsection 38(f), available at: http://www.secretariasenado.gov.co/senado/basedoc/ley/1994/ley_0137_1994.html. 316 Law 137 of 1994, Official Gazette No. 41.379 of June 3, 1994.