54
the total cost to the Chilean treasury was lower than the amounts recorded in Peru and
Mexico, keeping people in pretrial detention is much more costly, in relative terms, to
Chile than to the other two States.
127.
A study conducted in Argentina’s Federal Prisons Service, which in
June 2007 held 5,424 inmates in pretrial detention, revealed that the total estimated
cost to the State of pretrial custody was 295 million pesos a year (US$98 million). This
figure includes maintaining the detainees, prosecution costs (investigation, trial, and
public defense), annual spending on HIV monitoring following arrest, and lost
contributions to social security. But the average total social cost that this entailed stood
at more than 435 million pesos (US$145 million), which included the cost to the State
identified above, and the costs to the detainees and their families (without taking into
178
account the costs to the community).
128.
As already noted, people in pretrial detention suffer direct harm in
terms of the quality of their family relations and their ability to earn an income, and
they are also at a procedural disadvantage compared to individuals who face criminal
prosecution from a position of liberty. This array of negative consequences arising from
pretrial detention has a much greater impact on people who belong to groups
historically discriminated, and this is even more serious when they belong to
economically vulnerable groups, since they are also victims of other forms of social
exclusion.
129.
In addition to the monetary costs that pretrial detention represents to
the State and society as a whole, there is another indirect cost when the State is found
legally liable for damages due to the harm caused to citizens by the imposition of
pretrial detention. This is clearly a very important element to be taken into
consideration in countries such as Colombia, where domestic law offers mechanisms for
citizens to bring this kind of legal action against the State.
130.
This type of estimates about the monetary and human costs of pretrial
detention should be used as the basis for a serious and objective discussion about the
need and suitability of its use compared to other precautionary measures that could
achieve the same procedural goals but with fewer restrictions of rights and at a lower
cost, to both the State and the public. In addition, cost analyses are useful in identifying
shortcomings, suboptimal practices, and even anomalies in justice and prison system
public services.
178
Center for the Implementation of Public Policies for Equity and Growth (CIPPEC), The Social and
Economic Cost of Pretrial Detention in Argentina (El costo social y económico de la prisión preventiva en la
Argentina), Working Document No. 29, 2009, pp. 23 et seq. This study also suggests that calculations of the
costs incurred by the state should also include the indirect costs of prison overcrowding (p. 34).
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