- 77 “arbitrariness” should not be equated to “contrary to the law,” but should be interpreted more broadly in order to include elements of impropriety, injustice and unpredictability.324 239. Article 9 of the Extradition Treaty between China and Peru establishes: Preventive detention 1. In urgent cases, before the presentation of the extradition request, the Requesting Party may require the preventive detention of the person sought. This request may be submitted in writing using the channels stipulated in article 6 of this Treaty, the International Criminal Police Organization (ICPO-INTERPOL), or other channels agreed between the Parties. […] 4. The preventive detention shall conclude if the competent authority of the Requested Party has not received the formal extradition request within 60 days of the detention of the person sought. This period may be extended for a further 30 days when the Requesting Party provides reasons that justify this. 5. The conclusion of the preventive detention pursuant to paragraph 4 of this article shall not affect the extradition of the person sought if the Requested Party subsequently receives the formal extradition request.325 240. The relevant part of article 2.24 (f) of the Constitution of Peru, in force at the time of the facts, establishes that: No one may be detained unless it is with a reasoned written order issued by a judge, or by the police authorities in case of in flagrante delicto. The detainee must be brought before the 326 corresponding court within 24 hours or in accordance with the distance. 241. Meanwhile, Section II of the Seventh Tome of Peru’s Code of Criminal Procedure (Legislative Decree No. 957), regulates the provisional arrest with a view to extradition as follows: Article 523. Provisional or pre-extradition arrest. 1. The provisional arrest of a person sought by foreign authorities shall be in order when: a) This has been formally requested by the central authority of the interested country; b) The person tries to enter the country while pursued by the authority of an adjoining country. 2. In the case of subparagraph (a) above, the formal request shall be sent to the Prosecutor General, either through the central authority or through INTERPOL. In urgent cases, a simple requisition made by any means, including telegram, telephone, radiogram or electronic mail, shall be required. The formal request shall contain: a) The name of the person sought, with personal identity data and the circumstances why he is in the country; b) The date and place of the offense committed and its legal definition; 324 Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, para. 92, and Case of Rodríguez Vera et al. (The Disappeared of the Palace of Justice) v. Colombia, supra, para. 401. 325 326 Extradition Treaty between the Republic of Peru and the People’s Republic of China (evidence file, folio 1635). 1993 Constitution of Peru, Available at: www.congreso.gob.pe/ntley/ConstitucionP.htm, cited in the Commission’s Merits Report, folio 19.