42
regards implementation. These issues will be addressed extensively in the chapter of
this report focusing on the Inter-American standards.
98.
In any case, all these processes share the common denominator of
tending to reduce the margins for the judge’s individualized assessment regarding the
need for and applicability of pretrial detention in a specific case. This situation leads to
the automatic imposition of pretrial detention and may be incompatible with the
American Convention.
99.
Moreover, as will be seen in the following section, these reform
processes are generally accompanied by loud media, political, and institutional
messages, originating from the highest spheres of government and which receive great
popular backing. Thus, in a broad sense, justice operators “are highly pressured by the
legislative changes but, above all, by the social control brought to bear on them by the
media, and most of them ultimately act in accordance with those pressures, regardless
142
of their juridical convictions.”
100.
At the same time, and regardless of the possible incompatibilities
between these criminal justice policies, which are based on increased restrictions of the
right to personal liberty, and the international obligations assumed by States vis-à-vis
their citizens, the IACHR notes that there is no empirical evidence to show that they
have any genuine impact on reducing crime and violence, nor that they serve to resolve,
143
in any broader sense, the problems of citizen security.
101.
This has been repeatedly noted by international human rights
mechanisms. For example, during his visit to El Salvador in 2010, the Rapporteur for
Persons Deprived of their Liberty noted that the country’s prison population was in
excess of 24,000 people (with an installed capacity for 8,110) and that the levels of
criminal activity and violence continued to rise in spite of the massive use of
144
incarceration. Similarly, following its recent visit to El Salvador in 2012, the WGAD
ratified the failure of the policies known as “Plan Mano Dura” (2003) and “Plan Mano
Súper-Dura” (2005), which have chiefly focused on police repression and the generalized
use of pretrial detention. In that context, the WGAD emphasized that the need to
address the problem of public security was “a legitimate State concern,” but that this
142
CEJA, Judicial Systems – Pretrial Detention (Sistemas Judiciales – Prisión Preventiva), Year 7, No.
14: Cristian Riego, A New Agenda for Pretrial Detention in Latin America (Una nueva agenda para la prisión
preventiva en América Latina), p. 8.
143
Similar comments have been made at various United Nations forums, including the Twelfth
Congress on Crime Prevention and Criminal Justice, which was held in Salvador, Brazil, on April 12 to 19, 2010.
See Background paper on the Workshop on Strategies and Best Practices against Overcrowding in Correctional
Facilities, A/CONF.213/16, published January 25, 2010, para. 14
144
IACHR, Press Release 104/10 – IACHR Office of the Rapporteur Attests to Structural Deficiencies
in Prison System of El Salvador, Washington, D.C., October 20, 2010, Annex, available at:
https://www.cidh.oas.org/Comunicados/English/2010/104-10eng.htm.
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