118
314.
Estimates of the costs of pretrial detention are useful in conducting
future analyses of the measure’s costs and effectiveness, bearing in mind that other
properly implemented supervisory measures or systems can attain the same goals that,
in principle, are sought through pretrial detention, but with a lesser restriction of rights
and, possibly, at a lower financial cost to the State and to detainees, their families, and
414
society. Moreover, a cost analysis would be useful in identifying poor practices within
public policies and in determining the priorities of the criminal justice apparatus vis-à-vis
415
the official political discourse and the real needs of the challenges of citizen security.
315.
The Inter-American Commission considers that it is possible to
reconcile cost-related approaches to the application of pretrial detention with
compliance with applicable international obligations. With appropriate information on
the costs of the different criminal justice mechanisms available, and on those of
implementing other primary and secondary preventive measures (see paras. 18 and
104, supra), the public spending can be planned in a way that is both efficient and
compatible with the international obligations States have assumed.
316.
Clearly, all this information generated about the use of pretrial
detention should be deployed to analyze the real impact that this measure has on
crime. This information gathered according to methodological criteria, should serve as
the basis for the design, adoption, and implementation of States’ criminal policies, and
they must be taken into account with full seriousness by governments and organs of
popular representation when legislating on this matter.
414
Paz Ciudadana Foundation, The Costs of Pretrial Detention in Chile (Los Costos de la Prisión
Preventiva en Chile), 2008, p. 45.
415
Center for the Implementation of Public Policies for Equity and Growth (CIPPEC), The social and
economic cost of pretrial detention in Argentina (El costo social y económico de la prisión preventiva en la
Argentina), Working document No. 29, 2009, pp. 9 and 10.
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