186. As one of the inherent aspects of the protection of detainees from torture and ill-treatment, judicial oversight of detention applies at all times, including times of national emergency, as noted by the Inter-American Court: “[…] even in emergency situations, the writ of habeas corpus may not be suspended or rendered ineffective. […] the immediate aim of this remedy is to bring the detainee before a judge, thus enabling the latter to verify whether the detainee is still alive and whether or not he or she has been subjected to torture or physical or psychological abuse. The importance of this remedy cannot be overstated, considering that the right to humane treatment recognized in Article 5 of the American Convention on Human Rights is one of the rights that may not be suspended under any circumstances.”104 187. In this case the Respondent States‟ obligation to bring the victims promptly to an independent judicial authority was breached. While they did appear before a prosecutor, the right guaranteed in law is to bring them before a judicial authority that is independent of the authorities detaining, interrogating and ultimately prosecuting them. They also had no meaningful opportunity to challenge the lawfulness of their detention, due to lack of access to a court and to lawyers. Article 3 of the Emergency Law 50/1982 as amended, stipulates that detainees or their representatives may appeal their arrest or detention orders within 30 days after the orders are issued. However, in practice detainees often have little access to the appeal provided for in law. The victims had no access to lawyers neither were they arraigned before a competent court during to properly remand them to custody 188. The Respondent State, while arguing that the victims were allowed access to their families, failed to challenge in specific terms the allegations that they were refused access to medical care. The allegation of torture and more particularly the particulars of injuries sustained by the Victims as contained 104 Ibid., para. 12. See also ibid., para. 35. 56