Article 54.- The indictment shall be based on a written order issued by the Chief of the National Police. 123 VI MERITS 63. The instant case concerns the arrest of Mr. López Sosa on May 19, 2000, after the failed coup d’état that took place in Paraguay the day before, the acts of torture to which he was allegedly subjected, and the criminal lawsuit brought by Mr. López Sosa against the perpetrators of the alleged acts of torture. 64. Taking into account the arguments of the parties and the Commission in the instant case, as well as the body of evidence, the Court will first examine the alleged violation of the right to personal liberty. It will then address the alleged mistreatment to which Mr. López Sosa was subjected and whether this can be classified as torture. Finally, it will analyze the criminal lawsuit brought by Mr. López for the alleged acts of torture that he allegedly suffered. VI-1 RIGHT TO PERSONAL LIBERTY 124 A. Arguments of the parties and the Commission 65. The Commission maintained that Mr. López Sosa was detained on May 19, 2000, after being ordered to report to Metropolitan Police Station 11. With regard to the lawfulness of the detention, the Commission pointed out that, under Article 12 of Paraguay’s Constitution, it should have been carried out with a written warrant from the competent authority. The only exception that is permitted is when a person is caught in the act of committing an offense for which the punishment is imprisonment. The Commission found that the State failed to demonstrate that a judge issued a warrant, or that the alleged victim was caught in flagrante delicto. 66. With regard to the right of individuals to be informed of the reasons for their detention, the Commission maintained that there was no document or evidence in the case file demonstrating that Mr. López was informed clearly of the essential facts and legal grounds for the detention. 67. Finally, with respect to judicial control of the detention, the Commission noted preliminarily that Article 12 of Paraguay’s Constitution established that any person detained was to be brought before the competent judge within a period of no more than 24 hours. It then observed that Mr. López was detained by the police on May 19, 2000, and that it was not until May 26, 2000, that the Supreme Court ordered the judges of first instance courts to visit the places where people detained under the state of emergency were being held within 48 hours. Cf. Decision No. 7 approving the amendment to the Disciplinary Regulations of the National Police and annulling Decision No. 36 of August 10, 1994, in relation to Articles 22, 24, 25, 51 and 54 (evidence file, folios 10677, 10681 and 10682). 124 Article 7 of the American Convention on Human Rights. 123 20