100 nullum crimen nulla poena sine lege praevia, need and proportionality, which are essential to any democratic society.212 198. In exceptional cases, the State may order preventive detention provided that the necessary requirements to restrict the right to personal liberty are met, that there are sufficient indicia to reasonably believe that the defendant is guilty and that such detention is strictly necessary to ensure that the accused will not impede the effective development of the investigations or evade justice.213 Therefore, in order for the presumption of innocence not to be disregarded when issuing measures that restrict personal liberty, it is necessary for the State to provide grounds therefor and evidence that the applicable requirements under the Convention are met in each specific case. 199. Because of the requirement that the conditions and reasons for restricting personal liberty be provided for in the Constitutions of the State Parties or in their laws, the Court considers it necessary to address certain domestic legal provisions of Chile that applied to Mr. Palamara-Iribarne. 200. Under Article 136 of the Code of Military Justice, “[i]f there is sufficient reason to believe that a person is the perpetrator of or an accomplice in the commission of a crime, or an accessory after the fact, the Prosecutor may order that person detained or merely require his appearance for a preliminary examination statement.” Pursuant to Article 142 of said Code, the rules on the release of defendants on bail laid down in the Code of Criminal Procedure apply to military proceedings. 201. Article 277 of the Code of Criminal Procedure, which was in force at the time of the facts of this case and was applied to Mr. Palamara-Iribarne in both military criminal proceedings against him, provided that “[u]pon a writ of indictment, arrest becomes preventive detention.” 202. Article 274 of said Code of Criminal Procedure, which applied in the case at hand, provided that: After being questioned by the judge, the defendant shall be indicted if the background information shows that: 1) [t]he existence of the crime under investigation has been proven; and 2) [t]here is sufficient cause to believe that the defendant has been involved in the crime, either as perpetrator, accomplice or accessory after the fact. 203. Furthermore, under Article 363 of said Code: [r]elease on bail may only be denied, by means of a reasoned decision, based on records admitted to the proceeding, where detention or imprisonment is deemed strictly necessary by the Court for the successful 212 Cf. Case of Acosta-Calderón, supra note 189, para. 74; Case of Tibi, supra note 206, para. 180; and Case of Ricardo-Canese, supra note 172, para. 153. 213 Cf. Case of Acosta-Calderón, supra note 189, para. 111; Case of Tibi, supra note 206, para. 180; and Case of Ricardo-Canese, supra note 172, para. 153.