18 54. States of emergency. According to the CVR, starting in October 1981, “the use of states of emergency was generalized, suspending, on a renewable basis, the constitutional guarantees relating to personal liberty and security, the inviolability of the home, and freedom of association and movement throughout the territory.” In this regard, on September 5, 1990, a state of emergency was decreed in the Department of Lima and the Constitutional Province of Callao by Supreme Decree, and this was extended on several occasions, 36 including on March 23, 1993. In this last Supreme Decree the constitutional guarantees established in article 2, paragraphs 7 (inviolability of the home), 9 (freedom of movement in national territory), 10 (freedom of association) and 20(g) (detention by court order or by the police authorities in flagrante delicto). It was also decided that the Armed Forces would be responsible for controlling internal order. 37 55. The coup d’état. On the evening of April 5, 1992, President Alberto Fujimori announced a series of measures “to try and expedite the process of […] national reconstruction,” including the temporary dissolution of the Congress of the Republic and the total reorganization of the Judiciary, the National Council of the Judiciary, the Court of Constitutional Guarantees, and the Public Prosecution Service.” In addition, he stated that “the articles of the Constitution that [were] not compatible with the Government’s objectives [were] suspended.” At the same time, “troops of the Army, the Navy, the Air Force, and the National Police [took] control of the capital and the main cities in the interior of the country, [and occupied] Congress, the Palace of Justice, the media, and public places.” 38 On April 6, 1992, Decree Law No. 25,418 was promulgated, instituting, on a transitory basis, the so-called “Emergency and National Reconstruction Government.” In execution of the announcement made the previous evening, the decree dissolved Congress and ordered the “complete reorganization of the Court of Constitutional Guarantees, the National Council of the Judiciary, the Public Prosecution Service, and the Comptroller General’s office.” 39 The coup d’état installed the “Emergency and National Reconstruction Government.” 56. The anti-terrorism laws. On May 5, August 7 and September 21, 1992, the “Emergency and National Reconstruction Government” issued Decrees 25,475, 25,659 and 25,744, which defined the crimes of terrorism and treason, and also established the norms applicable to penalization, police investigation, preliminary proceedings, and trial in the case of such crimes. Furthermore, the competence of the military justice system to hear trials for the crime of treason was established. 40 These decrees, as well as Decrees Nos. 25,708, 25,880 and other complementary norms constituted the so-called Peruvian anti-terrorism laws. 57. Inexistence of due process of law. The proceedings instituted on the basis of Decrees 25,475 and 25,744 were characterized, among other matters, by: the possibility of ordering that detainees be held totally incommunicado for the maximum time allowed by law; the restriction of the participation of the defense counsel, who could only intervene after the detainee had given his statement in the presence of the representative of the Public Prosecution Service; the 36 Cf. Case of J. v. Peru, supra, para. 61. 37 Cf. Supreme Decree 019-93-DE/CCFFAA of March 22, 1993, published in the Official Gazette El Peruano on March 23, 1993 (evidence file, folio 5995). 38 Cf. Case of J. v. Peru, supra, para. 62, and IACHR, Report on the Situation of Human Rights in Peru, OEA/Ser.L/V/ll.83, Doc. 31, March 12, 1993, Section lll, Situation since April 5, 1992, paras. 42 and 52, Available at: http://www.cidh.org/countryrep/Peru93eng/toc.htm. 39 Cf. Case of J. v. Peru, supra, para. 63, and IACHR, Report on the Situation of Human Rights in Peru, OEA/Ser.L/V/ll.83, Doc. 31, March 12, 1993, Section lll, Situation since April 5, 1992, para. 52, Available at: http://www.cidh.org/countryrep/Peru93eng/toc.htm. 40 Cf. Decree Law No. 25,475 of May 5, 1992 (evidence file, folios 6012 to 6015); Decree Law No. 25,744 of September 21, 1992 (evidence file, folios 6017 and 6018), and Decree Law No. 25,659 of August 7, 1992 (evidence file, folio 1971).