35 IX RIGHT TO PERSONAL LIBERTY ARTICLE 7 IN COMBINATION WITH ARTICLE 1(1) Pleadings of the Commission 77. The Commission argued that the State violated the right to personal liberty set forth in Article 7 of the American Convention, in combination with Article 1(1) of that same treaty, against Emilio Moisés and Rafael Samuel Gómez Paquiyauri, because: a) a detention is arbitrary and illegal when it is carried out by State agents disregarding the motives and formalities set forth in the law, when it is carried out without respecting the rules established by the law, and when there has been a misuse of authority of detention, that is, when it is practiced for purposes other than those set forth in and required by the law; b) the Gómez Paquiyauri brothers were illegally and arbitrarily detained by members of the Peruvian National Police, with no arrest warrant and without being detected in the act of committing a crime; c) even though a state of emergency had been decreed for various departments, allowing detention of a person without a court order issued by a judge having jurisdiction and without the need for detection in the act of committing a crime, the authorities’ power to detain is not unlimited and, therefore, the agents of the State cannot set aside the legal prerequisites to legally decree said measure, nor the obligation to exercise judicial oversight of the way the detention took place; d) every person who is deprived of his or her liberty must be kept in officially recognized detention centers and brought without delay, pursuant to domestic legislation, before the competent judicial authority; furthermore, the State has the obligation to ensure that the detainee has the possibility of filing an effective judicial remedy to allow judicial oversight of lawfulness of the detention; e) the Gómez Paquiyauri brothers were arbitrarily deprived of their liberty, they were not informed of the reasons for their detention, they were not informed of the charges against them, they were not immediately brought before a judge or another official authorized by law to carry out judicial functions, and they were unable to appeal to a judge or court with jurisdiction to file a remedy with the aim of questioning the lawfulness of their detention; and f) approximately one hour after their detention, the alleged victims were dead, which makes evident that “[t]he objective of the detention of the Gómez Paquiyauri brothers was to murder them[, which] in itself makes it arbitrary and illegal.”