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without a final conviction. One of these measures should be the
sufficient allocation of financial resources.
6.
Strengthen and reinforce the skills and expertise of the authorities
charged with investigating criminal acts so as to expedite the
processes and shorten the time that the suspect spends in pretrial
detention.
7.
Ensure that there are sufficient judicial authorities to review the
legality of a pretrial detention.
8.
Adopt comprehensive public policies regarding the management of
prison facilities. These policies should factor in the four elements cited
in the conclusions of this report: continuity, a proper legal framework,
an adequate budget and institutional integration. The core of these
public policies should include, as a core element, the design and
effective implementation of a model of criminal policy oriented by the
norms of international human rights law; based on technical
information, assessments and scientific data; and geared towards
stabilizing and reducing the growth of the prison population. These
public policies should also take into account the rights of the victims of
violence and crime.
9.
The following lines of action are recommended as concrete strategies
to reduce prison overcrowding: (a) ensure that the criminal process
and related programs are addressed through an integrated, sustained
approach that encompasses the entire system; (b) ensure that criminal
cases are processed within a reasonable period; (c) opt for a criminal
policy design that safeguards fundamental rights; (d) take concrete
steps to guarantee that pretrial detention is an exceptional and
reasonable measure; e) increase the use of alternatives to detention
and imprisonment, using imprisonment only as a measure of last
resort while observing the principle of proportionality; (f) improve
access to justice and public defense mechanisms; (g) strengthen the
applications of available mechanisms for early release prior to
completion of the sentence; (h) strengthen measures to prevent
recidivism, such as the productive activities (education and labor); (i)
guarantee the principle of humane treatment of persons deprived of
liberty and applicable international standards; (j) increase prison
capacity only if it is absolutely necessary; (k) establish efficient
management systems and judicial and prison data analysis systems;
and (l) implement training programs for judicial and law enforcement
authorities on the exceptional use of pretrial detention.
10.
Establish by law that the competent authority shall have the duty to
determine the maximum capacity of each place of deprivation of
liberty according to the relevant standards. The assessment of that
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