127 D. 15. Ensure the existence of adequate and effective judicial remedies accessible to persons under pretrial detention, enabling them to secure judicial protection of rights affected when pretrial detention is unlawfully or arbitrarily applied or extended. 16. Ensure in the law that detained persons acquitted by a judicial decision at the first instance are released immediately, without prejudice to the continuation of the proceedings. 17. Establish, by a provision in the criminal code, that the time that a person has spent in pretrial detention shall be counted as time served and discounted from the sentence he or she receives. 18. Ensure the reparation of the damage caused by the application of pretrial detention that is unlawful, arbitrary or in violation of other human rights established in binding treaties to which the State is party. This reparation should be integral and take into account the standards set forth by the Inter-American System on the restitution of damages caused by human rights violations. Merely releasing the person from pretrial detention is not by itself a form of full reparation of the damage caused by the improper application of pretrial detention. 19. Pretrial detention in the case of minors must be the exception and used only as a last resort. Detention conditions 1. Establish effective systems to ensure that pretrial detainees are segregated from convicted persons, and create systems for classifying prisoners by sex, age, reason for detention, special needs and the kind of treatment they should receive. 2. Under no circumstances shall the separation of inmates based on categories be used to justify discrimination, the use of torture, cruel, inhuman, or degrading treatment or punishment, or the imposition of harsher or less adequate conditions on a particular group. The same criteria shall be observed during transfers of persons deprived of liberty. 3. Endow the prison system with the resources necessary to ensure that pretrial detainees are effectively segregated from convicted inmates, and ensure that the conditions under which persons awaiting or standing trial are held are appropriate in accordance with the principle of presumption of innocence and in keeping with the standards established in the United Nations’ Standard Minimum Rules for the Treatment of Prisoners.

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