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4.
Seek to ensure that persons being held in pretrial detention have full
access to work, cultural and recreational activities that prisons offer.
5.
Guarantee that the competent judicial authorities appropriately
monitor the detention conditions.
6.
Eradicate the practice of holding pretrial detainees in police stations.
Instead, these detainees should be transferred to penal institutions to
await trial. There, they are to be segregated from convicted inmates.
Accordingly, the OAS Member States should adopt the measures
necessary to be able to house detainees in conditions consistent with
the dignity of the human person. In case Member States are not able
to guarantee conditions that are compatible with the human dignity of
processed persons, they shall provide for the application of a
precautionary measure other than pretrial detention or provide for
their release during trial.
7.
Ensure that any person held in pretrial detention has adequate
sanitary and safety conditions, and the time and facilities to receive
visitors and the legal advice of a defense counsel of his or her choosing
in complete confidence, without needless delays, interception of
communications, or any form of censorship. Defense attorneys’ visits
shall not be heard by prison authorities. Any undue restriction or
obstruction of the detainees’ access to their defense attorneys shall be
subject to an immediate review by an independent authority. Any
detained person shall have access to and be authorized to be in
possession of the legal documents pertaining to his or her case; prison
authorities may not arbitrarily take those documents away.
8.
Ensure that, by law, the authority charged with the criminal
investigation is distinct from the authorities charged with the
detention and with controlling the conditions of pretrial detention.
This separation is essential to avoid the conditions of incarceration
being used to obstruct effective exercise of the right of defense. It also
prevents self-incrimination or pretrial detention being used as a kind
of anticipated sentence.
9.
Adopt the legislative, regulatory and administrative measures
necessary to ensure the persons in pretrial detention the exercise of
the political rights compatible with their legal situation, particularly
the right to vote.
10.
Disciplinary measures administered to persons in pretrial detention
shall not have the effect of prolonging that detention or interfering
with the preparation of the accused’s defense and regular access to
his or her legal representatives. Disciplinary measures shall not affect
the minimum contacts necessary with the detainee’s family.
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