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the administration of justice, or for the maintenance of security and good order in the
place of detention shall be forbidden” (Principle 36.2).
251.
Accordingly, in keeping with the principle of the presumption of
innocence, Articles 84 to 93 of the Standard Minimum Rules for the Treatment of
Prisoners extensively flesh out how persons held in pretrial detention should be treated,
establishing, among other things, that (a) untried prisoners may, if they so desire, have
their food procured at their own expense from the outside; (b) they shall be allowed to
wear their own clothing, or if they wear prison dress, it shall be different from that
supplied to convicted prisoners; (c) they shall always be offered the opportunity to
work, but shall not be required to work. If they choose to work, they shall be paid for it;
(d) they shall be allowed to procure books, newspapers, writing materials and other
means of occupation; (e) they shall be allowed to be visited and treated by their own
349
doctor or dentist; and (f) untried prisoners shall be given all reasonable facilities for
communicating with their families and friends, and for receiving visits from them and for
the preparation of their defense. In light of their importance, these last two
requirements shall be examined further in the next section.
252.
With respect to the applicable regime for persons in pretrial
detention, and emphasizing their participation in productive activities, the SRT noted in
his recent report on the content of the Standard Minimum Rules for the Treatment of
Prisoners that:
Given the excessive use of pretrial detention for long periods of time,
it is absolutely necessary to ensure that all persons deprived of liberty
have access to activities and can benefit from other privileges to which
the general prison population is entitled. The Special Rapporteur
acknowledges that it may be difficult to implement this principle,
given the fairly rapid turnover of persons awaiting trial and the fact
that police stations and other detention facilities may not be adapted
for this purpose. As the European Committee for the Prevention of
Torture and Inhuman or Degrading Treatment or Punishment has
noted, however, prisoners cannot simply be left to languish for weeks,
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possibly months, locked up in their cells.
253.
The principle of the physical separation of the accused from the
convicted is not only mandatory under international law, but is also recognized as a
provision of constitutional rank in Ecuador, Guatemala, Haiti, Honduras, Mexico,
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In this regard, Recommendation Rec (2006)13 on the use of remand in custody, the conditions in
which it takes place and the provision of safeguards against abuse provides that “[a]rrangements shall be
made to enable remand prisoners to continue with necessary medical or dental treatment that they were
receiving before they were detained, if so decided by the remand institution’s doctor or dentist where
possible in consultation with the remand prisoner’s doctor or dentist.” (Paragraph 37).
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UN, Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment, Interim Report, A/68/295, published on August 9, 2013, para. 38.
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