VIII.
RECOMMENDATIONS
326.
In light of the analysis and the conclusions set forth in this report, the
Inter-American Commission on Human Rights delivers the following recommendations
to the States members of the OAS:
A.
General recommendations pertaining to State policy
1.
States should adopt the judicial, legislative, administrative and other
measures required to correct the excessive use of pretrial detention,
ensuring that this measure is used exceptionally and is governed by
the principles of legality, presumption of innocence, necessity and
proportionality, thereby avoiding the arbitrary, unnecessary and
disproportionate use of this practice. These principles shall always
guide the conduct of judicial authorities, regardless of the criminal
system model adopted by the State.
2.
Step up efforts and muster the political will necessary to eradicate the
use of pretrial detention as a tool of social control or a form of
anticipated sentence and to ensure that it is used as a truly
exceptional measure. In this regard, it is fundamental to send an
institutional message of support from the highest levels of the State
and the judiciary for the rational use of pretrial detention and for the
respect of the right to the presumption of innocence.
3.
The IACHR urges authorities to use pretrial detention as an eminently
exceptional measure and to opt instead for alternative measures
whenever possible. In this regard, the IACHR calls upon the States to
implement strategic plans to train and raise awareness among judicial
authorities and those in charge of criminal investigations, about the
exceptional nature of pretrial detention, the use of alternative
measures to guarantee appearance for trial, and other international
and constitutional standards on this subject. Above all, it urges the
States to foster a change in the judicial culture and practice so as to
bring a shift in thinking concerning the applicability and need for
pretrial detention.
4.
Analyze the real impact that the excessive use of pretrial detention
has on crime. Based on that information, redirect public policy to
make the exceptional nature of pretrial detention one of the
centerpieces of policies on crime and citizen security, and avoid hardline criminal justice systems that end up imprisoning individuals during
criminal proceedings in response to demands for citizen security.
5.
Urgently adopt the measures needed to correct the procedural
backlog and reverse the high percentage of persons deprived of liberty
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