18
58
longer than the maximum duration allowed for by law; in Colombia, in October 2008,
59
it found that 35% of the 69,600 people deprived of liberty were awaiting trial; in
Honduras, in late 2005 and early 2006, it noted that approximately 62% of a total of
60
more than 12,000 prison inmates had not been sentenced; and in Ecuador, in early
2006, it observed a total prison population of 12,693, of whom more than 64% were
61
awaiting trial. In previous years, the WGAD had already spoken of the excessive use of
62
pretrial detention following visits to Canada, Argentina, and Peru.
48.
Similarly, the Committee Against Torture, the Subcommittee on the
Prevention of Torture, and the Special Rapporteur on torture have spoken of other
problems related to the treatment given to people in pretrial detention, including
lengthy periods of detention at police stations or precincts, the failure to keep them
separate from convicts, and the causal effect that exists between the non-exceptional
use of pretrial detention and overcrowding.
49.
Furthermore, over the past decade, in the context of its regular
examination of compliance with the rights enshrined in the International Covenant on
Civil and Political Rights (pursuant to Art. 40 of the Covenant), the Human Rights
Committee has expressed concern regarding the excessive and prolonged use of pretrial
detention and the failure to separate pretrial detainees from convicts in the following
countries: Paraguay (2013 and 2006), El Salvador (2010), Colombia (2010), Argentina
(2010), Panama (2008), Costa Rica (2007), Honduras (2006), Brazil (2005), Suriname
63
(2004), and El Salvador (2003).
58
UN, Working Group on Arbitrary Detention, Report on Mission to El Salvador,
A/HRC/22/44/Add.2, published January 11, 2013, paras. 68 and 97.
59
UN, Working Group on Arbitrary Detention, Report on Mission to Colombia, A/HRC/10/21/Add.3,
published January 16, 2009, para. 79.
60
UN, Working Group on Arbitrary Detention, Report on Mission to Honduras, A/HRC/4/40/Add.4,
published December 1, 2006, para. 54.
61
UN, Working Group on Arbitrary Detention, Report on Mission to Ecuador, A/HRC/4/40/Add.2,
published October 26, 2006, paras. 67 and 69.
62
UN, Working Group on Arbitrary Detention, Report on Missions to: Canada,
E/CN.4/2006/7/Add.2, published December 5, 2005; Argentina, E/CN.4/2004/3/Add.3, published December
23, 2003 (during that visit, conducted in September and October 2003, it reported that in the province of
Buenos Aires there were 2,380 convicted inmates and 21,449 in pretrial detention, para. 40); and Peru,
E/CN.4/1999/63/Add.2, published January 11, 1999.
63
UN, Human Rights Committee, Consideration of Reports Submitted by States Parties under
Article 40 of the Covenant, Conclusions and Recommendations of the Human Rights Committee: Paraguay,
CCPR/C/PRY/CO/3, published April 29, 2013, para. 20 (indicating that almost 70% of Paraguay’s prison inmates
have not been sentenced or convicted); El Salvador, CCPR/C/SLV/CO/6, published November 18, 2010, paras.
15 and 16; Colombia, CCPR/C/COL/CO/6, published August 6, 2010, paras. 20 and 21; Argentina,
CCPR/C/ARG/CO/4, published March 31, 2010, para. 16; Panama, CCPR/C/PAN/CO/3, published April 17, 2008,
para. 12; Costa Rica, CCPR/C/CRI/CO/5, published November 16, 2007, para. 8; Honduras, CCPR/C/HND/CO/1,
published December 13, 2006, para. 14; Paraguay, CCPR/C/PRY/CO/2, published April 24, 2006, paras. 15 and
16; Brazil, CCPR/C/BRA/CO/2, published December 1, 2005, para. 16; Suriname, CCPR/CO/80/SUR, published
May 4, 2004, paras. 14 and 15; and El Salvador, CCPR/CO/78/SLV, published August 22, 2003, para. 17.
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