37 association; another 30 were there for the crime of unlawful association committed concurrently with other crimes. 101 However, as previously observed, in their observations on the merits the petitioners name a group of 22 victims who, at the time of the fire, were in preventive detention in Cellblock 19, accused only of the crime of unlawful association. Their names are: Andrés Enrique Zepeda, Darwin Geovany López Medina, Edwing Alberto Guzmán, Eleazar Machado Figueroa, Edgardo Alejandro Hernández, Eddy Adalberto Amaya Zepeda, Esmelin Teruel Fernández, Ixel Alfredo Medina, Jesús Aguilar Leiva, José Antonio Morales, José Antonio Rodríguez, Luis Alberto Escobar Vallecillo, Maynor Juaquín Ardón López, Marco Josué Sierra, Melvin Isaías López Recarte, Miguel Eduardo Mercado, Miguel Ángel Pérez Godoy, Mario Roberto Velásquez Dubón, Nelson Rafael Ortega Martínez, Oscar Israel Duarte Valle, Pedro Hernán Tabora Castillo and Víctor David Torres Funez. 119. The State has not contested the facts that the petitioners allege in connection with the detention of these 22 young men, who reportedly had only been accused of the crime of unlawful association and were in Cellblock 19 in preventive custody. Nor did the State refute the information supplied by the petitioners to the effect that the so-called “anti-gang act” served as the legal grounds for detaining many people, merely on suspicion of gang membership and based on such flimsy evidence as tattoo marks, the places where they lived, and other factors. 120. The Inter-American Commission notes also that the United Nations Human Rights Committee said the following on this subject: The Committee is concerned at the frequent use of arrest on suspicion by members of the security forces, including mass round-ups based on appearance alone and with no warrant from a competent authority. It notes with concern the broad wording of new article 332 of the Criminal Code, which establishes the offence of “unlawful association”, on the basis of which large numbers of juveniles have reportedly been detained, along with human rights activists and homosexuals (articles 9 and 26 of the Covenant). The State party should ensure that detentions are carried out in accordance with the provisions of article 9 of the Covenant and that those detained are brought before a court without delay. It should also consider the possibility of amending article 332 of the Criminal Code so as to restrict the definition of the offence of unlawful association. 102 121. Similarly, the United Nations Working Group on Arbitrary Detentions stated that while criminalization of membership in a criminal group is not on its face incompatible with human rights law, the practical application of article 332 does raise serious concerns. The Working Group underscored the fact that the police (as well as the general public and mara members themselves) identify mara members by the very visible tattoos they wear. Furthermore, as membership in an “unlawful association” is a continuous offence, a tattooed young man or woman is permanently in flagrante delicto, and can be arrested by the police at any time without a warrant and could be immediately rearrested upon release. 103 101 The petitioners’ observations on the merits, dated April 10, 2009. 102 UN. Consideration of Reports Submitted by States Parties under Article 40 of the Covenant. Concluding observations of the Human Rights Committee. Honduras, paragraph 13. Available at: http://www.universalhumanrightsindex.org/hrsearch/displayDocumentVersions.do;jsessionid=10FC0E7594665368ACBE756 ECB3D0BB0?lang=en&docId=1096. 103 UN. Report of the Working Group on Arbitrary Detentions. Mission to Honduras (May 23-31, 2006), December 1, 2006. A/HRC/4/40/Add.4, paragraphs 87 and 88. Available at: http://daccess-ods.un.org/TMP/9308531.html.