19
50.
Over the past fifteen years, the Universal System mechanisms have
also noted that the high rates of pretrial detention are the result of factors such as the
trend to use it as the first alternative; legal restrictions on precautionary measures other
than pretrial detention for certain offenses; judges’ reluctance to order alternative
measures, even when provided by law; the institutional weaknesses of public defense
services, and their lack of independence; barriers to access public defense services;
shortcomings in the decision process prior to which pretrial detention is applied,
particularly with respect to the right to be heard with due guarantees; the absence of
effective judicial remedies to challenge illegal or arbitrary pretrial detention orders; the
widespread use of the measure in cases involving minor offenses; pressure on judges
from the media and from other State agencies; structural shortcomings in judicial
systems, particularly judicial delays; and “hard line” criminal justice policies.
51.
UN mechanisms have also regularly issued the following
recommendations to the region’s States: use pretrial detention only when there are no
other means to ensure the appearance of the accused at trial or to prevent tampering
with evidence; interpret restrictively the circumstances in which pretrial detention can
legally be ordered; review the laws and judicial practices to ensure that the measure is
used only in exceptional cases and for the shortest time possible; implement other
precautionary measures, such as bail, house arrests, or electronic bracelets; review laws
restricting judges’ power to order measures other than pretrial detention; ensure that
decisions ordering pretrial detention are taken after a substantive analysis of the case
and not merely a formal review; ensure that the conditions in which pretrial detainees
are held are in line with international standards; ensure that detainees enjoy the
possibility to prepare their defense at trial, as well as the necessary conditions to do so;
and strengthen the operational capacities of the authorities responsible for criminal
investigations (public prosecutors).
B.
Statistics submitted by the States
52.
As noted in the introduction, in the context of this report, a
questionnaire was sent to the OAS member States asking them for information on
several issues related to the use of pretrial detention in their jurisdictions, including data
on the percentage of the total prison population held in pretrial detention,
disaggregated by sex and by type of crime (Question No. 2). The information furnished
64
by the States that responded the questionnaires is the following:
64
Sources: Bolivia (not specified), Brazil (Infopen statistics, National Penitentiary Department of the
Ministry of Justice – Depen/MJ), Chile (daily reports of prison population, Gendarmerie of Chile), Colombia
(consolidated statistics, National Penitentiary Institute of Colombia, INPEC), Costa Rica (SIAP, Penitentiary
Administration Information System), Ecuador (Ministry of Justice, Human Rights, and Worship), Guatemala
(Penitentiary System Directorate, MINGOB), Honduras (Directorate of Special Preventive Services of the
Secretariat of Security), Panama (Department of Statistics of the Interior Ministry’s Directorate of
Administration and Finance), Paraguay (General Directorate of Penitentiary Establishments and Execution of
Criminal Penalties), Peru (statistical reports of the National Penitentiary Institute, INPE), Uruguay (Directorate
of Statistics and Strategic Analysis of the Interior Ministry), Venezuela (Coordination Unit for Public Defense
Procedural Actions).
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