not complied with when depriving a person of their liberty, this deprivation will be unlawful and contrary to the American Convention, in light of Article 7(2).151 112. The Peruvian Constitution establishes that “no form of restriction of personal liberty is permitted unless in the cases established by law,” and also that “[n]o one may be detained unless this is with a reasoned written order of a judge or by the police authorities in flagrante delicto.”152 113. Meanwhile, article 205 of the Code of Criminal Procedure on police identity checks establishes: 1. The police, in the context of their functions, without the need for an order by the prosecutor or the judge, may request anyone to identify themselves and make the necessary verification on the street or in the place where the request is made, when they consider this necessary to prevent an offense or to obtain useful information in the investigation of an offense. The person concerned has the right to require the police to provide proof of their identity and the unit to which they are attached. 2. The identification shall be carried out in the place where the person is by means of the corresponding identity document. The person concerned shall be provided with the necessary facilities to find it and show it. If, at this time, it is verified that the document is in order, the document shall be returned and the person concerned authorized to continue on his way. 3. If there are well-founded grounds to consider that the person concerned may be linked to the perpetration of an offense the police may search his clothing, bags or vehicle. If the result is positive, a record shall be made of this specific procedure indicating what was found, informing the Public Prosecution Service immediately. 4. If the person concerned is unable to show the identity document, based on the seriousness of the act investigated or the sphere of the police operation, this person shall be taken to the nearest police station exclusively in order to identify him. His fingerprints may be taken and verification made of whether there is any outstanding warrant against him. This procedure, calculated from the moment the police intervene, may not exceed four hours, following which the person shall be allowed to leave. In such cases, the person concerned may not be placed in a holding cell or a regular cell or held in contact with detainees, and shall have the right to communicate with a family member or with the person he indicates. In such cases, the police shall keep a logbook in which they record the identification procedures conducted, as well as the reasons for the procedures and their duration. 5. Whenever necessary, for the purposes of a trial or of identification, the accused may be photographed, even though his fingerprints may have been taken, and even against his will – in which case the explicit order of the Public Prosecution Service is required – and his measurements taken as well as similar actions. A record shall be made of this.153 114. This Court notes that the law regulates different situations, from the temporary restriction of personal liberty involved by a request for identification to the deprivation of liberty entailed by being taken to a police station. Whether the police request identification or take someone to the police station depends on compliance with slightly different circumstances that are interrelated. To request the identification document requires this measure to be Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador. Preliminary objections, merits, reparations and costs, supra, para. 57, and Case of Montesinos Mejía v. Ecuador. Preliminary objections, merits, reparations and costs, supra, para. 94. 151 Cf. Constitution of the Republic of Peru, promulgated on December 29, 1993, articles 2.24(b) and 2.24(f) (evidence file, folio 5256). 152 Code of Criminal Procedure of the Republic of Peru. Legislative Decree No, 957, promulgated on July 22, 2004, article 205 (evidence file, folios 5538 and 5539). 153 31