36 Pleadings of the representative of the alleged victims and their next of kin 78. The representative of the alleged victims and their next of kin argued that the State violated Article 7 of the American Convention, to the detriment of Emilio Moisés and Rafael Samuel Gómez Paquiyauri, because: a) even in a state of emergency, suspension of the right to personal liberty authorized by Article 27 of the Convention can never be total; the legal prerequisites for a detention to be lawful, set forth in Article 7 of the American Convention, which are already part of the concept of due process, are nonrevocable even under circumstances of armed conflict; b) the domestic legislation of the State does not provide “unlimited discretion” regarding restriction of the authority to detain in situations of armed conflict; c) detention of the alleged victims was illegal and did not respect their minimal right to fair trial. The fact that the policemen involved never requested the identification documents of the Gómez Paquiyauri brothers – which they had with them and would have shown not only that they were minors but also that they lived in the area where they were detained- clearly shows the unlawfulness of the detention process. The minors were denied the possibility of any action that might question the lawfulness of their detention; d) the aim of the detention of the alleged victims was not investigation or any other legal aim; instead, its only aim was “their murder;” and e) witness Víctor Chuquitaype Eguiluz corroborated that “there was no flagrancy involved in detention of the minors as they were from the neighborhood and had been involved in no crimes that might justify their detention and investigation, and it was also evident that [...] they were minors, given their aspect and body build.” Pleadings of the State 79. Regarding to the alleged violation of Article 7 of the Convention, the State expressed that “the [p]olice agents of the Peruvian State did in fact violate the [alleged] victims’ right to individual liberty, as [they] were detained without being detected in the act of committing a crime and without a court order, and that therefore they acted in an arbitrary manner.” Considerations of the Court 80. Article 7 of the American Convention sets forth that: 1. Every person has the right to personal liberty and security. 2. No one shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the constitution of the State Party concerned or by a law established pursuant thereto. 3. No one shall be subject to arbitrary arrest or imprisonment. 4. Anyone who is detained shall be informed of the reasons for his detention and shall be promptly notified of the charge or charges against him.