38 in their investigations into crimes of terrorism have the effect of severely restricting fundamental rights and the 126 civilian officials’ authorities to control police activity. 167. following: In its Second Report on the Situation of Human Rights in Peru, the Commission observed the The suspension of some of the attributes of the right to personal liberty, authorized by Article 27 of the American Convention for certain cases, is not absolute. There are principles underlying every democratic society that the security forces must observe in order to make a lawful arrest, even under a state of emergency. The legal conditions for an arrest are obligations that the state authorities must respect, pursuant to the international commitment to protect and respect human rights, acquired under the Convention. In addition, based on the foregoing principles, the police or military detention, as a precautionary measure, should have as its sole purpose preventing the flight of a person suspected of a criminal act, and thereby ensuring his or her appearance before a competent judge, to be judged within a reasonable term or, as the 127 case may be, released.(…). 168. On the question of the length of the detention, the Commission observes that while Article 27 of the American Convention allows certain aspects of the right to personal liberty to be suspended in a state of emergency and permits the State to hold individuals in preventive detention for longer periods than would be allowed under normal circumstances, in order to adopt this measure the State must show that the prolonged 128 detention is strictly necessary given the state of emergency. 169. Therefore, based on the facts established and following the above reasoning, the Commission concludes that Mr. Galindo was not arrested in flagrante and no warrant had been issued by a competent judge ordering his arrest; instead, he was detained solely as part of a terrorism investigation and held for 31 days in a facility not authorized by law for detentions; his detention exceeded the legal and reasonable limit that the law established. Furthermore, the Huánuco-Pasco Superior Court was not advised of his legal situation despite the fact that such notice is required by law. Therefore, the State of Peru violated articles 7(1), 7(2) and 7(3) of the Convention, read in conjunction with articles 1(1) and 2 thereof, to the detriment of Luis Antonio Galindo Cárdenas. Article 7(4) of the American Convention, read in conjunction with articles 8(2)(b), 8(2)(c) and 2 thereof 170. The Court has written that under Article 7(4) of the American Convention, the information about the “motives and reasons” for a detention is to be provided at the time the detention is made, as a means of avoiding unlawful or arbitrary detentions from the very moment that the person is deprived of his liberty; it also 129 serves to ensure the individual’s right of defense. The Court has also held that the arresting officer must, in simple language, free of technicisms, explain the essential legal grounds and facts on which the arrest is based. 126 Annual Report of the IACHR 1993, OEA/Ser.L/V/II.85, Doc. 8 rev. 11 February 1994, Chapter IV: Status of human rights in several countries, Peru. 127 IACHR, Second Report on the Situation of Human Rights in Peru, OEA/Ser.L/V/II.106, Doc. 59 rev., June 2, 2000, CHAPTER II. ADMINISTRATION OF JUSTICE AND RULE OF LAW, paragraphs 85 and 86, available at: PACION DE JUSTICIA Y ESTADO DE DERECHO, paragraphs 85 and 86, available at: http://www.cidh.org/countryrep/Peru2000en/TOC.htm. 128 See IACHR, Report on Terrorism and Human Rights, OEA/SER.L/V/II.116, Doc. 5 rev. 1, corr., October 22, 2002. Paragraphs 139 and 140. 129 I/A Court H.R., Case of Cabrera García and Montiel Flores v. Mexico. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 26, 2010. Series C No. 220. Paragraph 105. Citing Case of Juan Humberto Sánchez v. Honduras. Judgment of June 7, 2003. Series C No. 99. Paragraph 82; and Case of Yvon Neptune v. Haiti. Merits, Reparations and Costs. Judgment of May 6, 2008. Series C No. 180. Paragraph 107.