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detention, such practices are contrary to the very essence of the rule of law and the
values that inspire a democratic society.
2.
Family contact
269.
In its Report on the Human Rights of Persons Deprived of Liberty in the
Americas, the IACHR reiterated that States have the obligation to ensure the right of
persons deprived of liberty to maintain and develop family relationships. Also, in light of
Article 17.1 of the Convention, States must create the necessary structural conditions to
make this right effective by correcting all structural deficiencies that prevent contact
and communication between inmates and their family members from taking place on a
sufficiently regular basis under secure conditions that respect their dignity. Additionally,
based on first hand observation in different countries of the region, the Commission
observed that:
For persons deprived of liberty, family support is essential in many
areas and ranges from the emotional support to material assistance.
In the majority of prisons in the region, the items that prisoners need
to meet their most basic needs are not provided by the State, as they
should be, but by their own families or third parties. Furthermore, at
the emotional and psychological level, maintaining family contact is so
important for inmates that its absence is considered an objective
367
factor contributing to a heightened risk of their resorting to suicide.
270.
With respect to persons in pretrial detention, the Commission
considers that the State’s duty to adopt the measures necessary to ensure family
contact is even greater in function of the right to the presumption of innocence, and
taking into account that this measure is only intended to achieve the procedural aim of
guaranteeing the appearance of the defendant in the proceedings. In this regard, the
Standard Minimum Rules for the Treatment of Prisoners provides that any untried
prisoner “shall be given all reasonable facilities for communicating with his family and
friends, and for receiving visits from them, subject only to restrictions and supervision as
are necessary in the interests of the administration of justice and of the security and
good order of the institution” (Rule 92). This communication must be facilitated through
the three major and generally accepted means: visits, mail and telephone calls.
…continuation
persons whose release is contingent upon their freedom of choice and their ability to mount an effective
defense. In that context, it functions as a factor of extortion in those systems providing for a broad plea
bargain agreement for expedited proceedings, where in most cases they end up accepting the punishment,
which is often a similar length of time to the time they have been held in custody in that modality [of pretrial
detention].” Institute of Comparative Studies in Criminal and Social Sciences (INECIP), The status of pretrial
detention in Argentina-current situation and proposals for change (El Estado de la Prisión Preventiva en la
Argentina-Situación actual y propuestas de cambio), [‘] Buenos Aires, 2012, p. 67.
367
578.
IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas, paras. 576-
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