FACTSHEET
• Is there an unofficial system of privileges among
detainees?
• Do vulnerable groups or persons have to pay to
access certain services, or are they treated equally to
others?
4. What can monitoring bodies do?
Monitoring bodies should acknowledge the direct
relevance of concerns relating to pre-trial detention for
their mandate. They should seek to detect and address
systemic deficiencies that contribute to excessive and
prolonged use of pre-trial detention, and thereby to
torture and ill-treatment.
In countries with a high ratio of pre-trial detainees,
monitoring bodies may want to consider a
comprehensive assessment and thematic report.
Various risk factors relevant to pre-trial detention relate
to the broader administration of justice in a given country
and to stakeholders beyond the prison administration,
prison staff and ministries responsible for prisons. While
interviews with detainees remain an important source
of knowledge, an assessment of pre-trial detention will
require information to be gathered from a multitude of
stakeholders, some of them not traditionally interviewed
by monitoring bodies. These may include Ministries
of Justice, prosecutors, judges, magistrates, lawyers’
associations, legal aid providers or trade unions of police
officers and prison guards.
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Penal Reform International | Pre-trial detention: Addressing risk factors to prevent torture and ill-treatment