99 354 designed for this purpose and whose staff are not trained to perform those duties. As a consequence of saturation in these facilities, an extremely serious situation has arisen in some countries. 257. On this issue, the IACHR has established that “the necessary legislative measures and structural reforms should be adopted so that detention at police facilities is used as little as possible, only until a judicial authority determines the legal situation 355 of the person under arrest.” B. Other considerations relevant to the conditions of detention of pretrial detainees 258. The conditions to which persons held in pretrial detention are subjected are not only related to the right to the presumption of innocence, but also have a direct bearing on the enjoyment of other fundamental human rights, such as the right to a defense in trial and to maintain contact with next-of-kin. In addition to these two aspects, this section addresses the right of persons in pretrial detention to vote and the use of solitary confinement and high-security modules. 1. Right to a defense in trial 259. Article 8.2 of the American Convention establishes that every person accused of a criminal offense is entitled during the proceedings to the following minimum guarantees, among other ones: “(c) adequate time and means for the preparation of his defense;” and “(d) the right of the accused to defend himself personally or to be assisted by legal counsel of his own choosing, and to communicate freely and privately with his counsel.” With regard to persons in pretrial detention, the States are required to ensure these conditions in order for them to effectively exercise their right to a defense in trial while being held in custody. 354 IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas, para. 458. Also, the WGAD (Working Group on Arbitrary Detention) established that in El Salvador “[m]ore than 2,300 persons awaiting trial are held in police cells, whose combined capacity nationwide is no more than 600. These cells were not designed to hold people for more than 72 hours, but are being used to hold persons who are awaiting trial, as well as persons remanded in custody during their trials.” UN, Working Group on Arbitrary Detention, Report on the Mission to El Salvador, A/HRC/22/44/Add.2, published on January 11, 2013, para. 100. Also, in Argentina it is reported that around 10,000 persons out of the approximately 63,000 persons deprived of liberty in the country are held in police stations. Response to survey questionnaire in conjunction with the “Thematic Report on pretrial detention in the Americas” of the IACHR. October 6, 2012, International Prison Observatory of Argentina. 355 IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas, para. 459; IACHR, Press Release 56/11 – Office of the Rapporteur on the Rights of Persons Deprived of Liberty Concludes Visit to Surinam. Washington, D.C., June 9, 2011, Annex, para. 23.

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