Policy recommendations Further efforts are needed in all OSCE participating States to reduce pre-trial detention. In particular, it is recommended that States ensure that: 1. 2. 3. 4. 5. 6. 7. 8. 76 Incommunicado detention at any stage of detention, including the pretrial phase, is prohibited; The length of pre-trial detention is fixed by law; There is no automatic deprivation of liberty at the pre-trial stage; Procedural safeguards for suspects and accused persons in criminal proceedings, including the right of access to legal assistance, are strengthened; There is a legal requirement for individualized decisions by judges and prosecutors on the reasons for ordering or requesting pre-trial detention; There is an obligation for regular judicial review of detention, including a legal requirement for a reasoned decision for the renewal or extension of pre-trial detention; National laws provide for a right to compensation for wrongful pre-trial detention; and National legislation includes provisions that deter the overuse of pre-trial detention (e.g., restricting the grounds, imposing time limits, prohibiting detention for minor crimes, etc.) and provide for alternatives to detention.