the State it is not possible to find sufficient grounds to justify [this delay].” Furthermore, at the public hearing the Commission stated that “it did not include [in its report on the merits and its application] a factual conclusion on the commission of the crime.” 91. The representatives stated that the alleged victims were held “for 48 hours at the military post improvised on the banks of Pizotla river […] and were later transferred to the Battalion where [they remained] for another two days, until Friday May 7, [whe]n they were brought before a judge.” According to the representatives, “[t]his delay is obviously unwarranted, because at the time when the [alleged] victims were arrested, there was a helicopter available for their transfer.” The representatives also noted that “the military never brought the [alleged] victims before the Public Prosecutor's Office nor they were in Arcelia, but at some point, several local officials appeared at the Battalion to draw up a report on the weapons and possibly issue other documents which would then be presented in the criminal proceedings [,] such as the sodium rhodizonate test.” Therefore, “taking into account that [the Public Prosecutor’s Office in Coyuca de Catalán] did not receive the [alleged] victims until Thursday 6, according to the official documents, it [would be possible] to conclude that they were held at the Battalion, at least, until that day.” The representatives further alleged that the “intervention of the Public Prosecutor’s Office […] is not a substitute for or equivalent to the judicial authority.” Also, the representatives pointed out that Messrs. Cabrera and Montiel were unlawfully detained without an arrest warrant and were not committing any crime. Furthermore, the arrest was “carried out in retaliation against [them] for defending the forests,” and “with an excessive use of force” and in order to “torture them and force them to sign false confessions,” by soldiers who were not authorized by civilian authorities to be in the area. 92. For its part, the State emphasized that “1) since the petitioners attacked soldiers of the armed forces with firearms, and before their arrest was confirmed, military personnel reported the situation to the General Headquarters of the 35th Military Zone; 2) on May 3, several authorities, other than the military, went to the community of Pizotla, where the events occurred, apart from the military forces. These authorities included: a deputy prosecutor of the Attorney General’s Office of the State of Guerrero, an assistant of the Public Prosecutor’s Office of Coyuca de Catalán and a forensic expert, who were able to confirm the conditions of detention of the petitioners; 3) that the geographic location of the community of Pizotla, the prevailing insecurity in the region, and the time at which the arrest took place did not allow for the detainees to be taken to the offices of the competent authority or for the authority to visit the scene of the events [until] the night of May 3,” and “4) as is shown in the records, during the entire time that the petitioners were guarded by soldiers, they could be seen by their relatives and even communicated with them.” Therefore, the State indicated that in order to set a time limit for a detainee to be brought before a judge, it is necessary to analyze "the conduct in light of the precepts established in the [Mexican] Constitution, as well as the general legal framework for the matter.” Moreover, the State emphasized that the alleged victims “were held in custody by soldiers from May 2, 1999 at 4:30 P.M. to May 4 at 6: 00 P.M, when they were formally brought before the competent authority” and claimed that the Public Prosecutor’s Office, as the competent authority, “assigned the investigation to the judicial body on May 6, 1999 at 6:06 P.M., exceeding by [only] six minutes the constitutional term.” Finally, the State pointed out that “Messrs. Montiel and Cabrera were arrested in flagrant possession of illegal weapons [used] by them against their captors.” 93. With respect to the foregoing arguments, the Court recalls that the of Article 7(5) of the Convention establishes that any person detained brought promptly before a judge. In this regard, the Court has pointed immediate judicial review is a measure designed to prevent arbitrary or 34 first part shall be out that unlawful