E/CN.4/2001/66/Add.2 page 37 established that temporary detention may be ordered in the case of the crimes listed above when either of the two other conditions ((a) and (b)) are met. The maximum period of detention of a suspect under temporary detention is five days, “which may be extended for an equal period of time when extremely and absolutely necessary”.20 107. Furthermore, different time limits for temporary detention are stipulated with regard to the so-called heinous crimes. Article 5 (XLIII) of the Constitution provides that the following crimes are heinous crimes: torture, illicit drug trafficking, terrorism, and others to be defined in statutory law. The Heinous Crime Act21 extends the constitutional list to the following crimes: armed robbery qualified by subsequent death, extortion qualified by subsequent death of the victim, rape and violent sexual assault, spread of epidemic disease qualified by subsequent death and genocide. The same constitutional provision further provides that there will be no amnesty, pardon, nor provisional release on bail for such crimes. In the case of someone arrested on suspicion of having committed a heinous crime, temporary detention may be ordered for 30 days, renewable for an equal period if absolutely necessary. 3. The 81-day rule 108. According to the jurisprudence, in cases of preventive detention, the initial 10 days of pre-indictment detention must be included in the 81-day provisional (pre-trial) period. This period is a case-law construction which is constituted, inter alia by the following time periods: 10 days for the police to conclude the criminal inquiry; 5 days for the prosecutor to file a criminal lawsuit; 3 days for the defendant to reply; 20 days to hear the prosecution witnesses and 20 days for the defence witnesses. In case of temporary detention, including in cases of heinous crimes, the 81-day period starts after the initial temporary detention period (i.e. 5 plus 5, or in the case of heinous crimes, 30 plus 30 days). 109. However, in both cases, i.e. whether the suspect has first been held under preventive or temporary detention, there seems to be no legal provision establishing that suspects must be released at the end of the legal provisional detention period if no court judgement has been issued on the merits of the case. On the contrary, it is reported that the Federal Court of Appeal has ruled that the 81-day period must not be considered strictly, and that the judge may apply the “reasonableness” principle in order to keep someone in detention if delays are justified by natural difficulties of criminal proceedings. The Court stated that “the case law construction that has defined the limit of 81 days to prove guilt in case where the defendant is detained, must be applied flexibly to take account of the principle of reasonableness. It is admissible to exceed this limit in adequately justified circumstances.”22 Public prosecutors have drawn the attention of the Special Rapporteur to the fact that this jurisprudence was potentially extremely dangerous since it does not establish a threshold for the application of the “reasonableness principle”. Persons in preventive detention are eligible for provisional release on bail. 4. Provisional (pre-trial) detention facilities 110. Article 84 of the LEP provides that convicted prisoners should always be kept separate from those detained provisionally. Article 102 of the LEP provides that detainees under provisional detention should be held in pre-trial or remand prisons (cadeias publicas).23 Each