120
increased use of pretrial detention is a solution to crime and violence is a common
fallacy frequently invoked by public authorities, but there is no empirical evidence
whatsoever to support it. It is also a politically irresponsible attitude, which shirks the
responsibility for adopting other deeper and broader social and preventive measures.
323.
The non-exceptional use of pretrial detention as a strategy of criminal
policy constitutes not only a serious violation of human rights under the Convention and
other international instruments, but is also a major cause of the severe crisis affecting
many prison systems in the region.
324.
Accordingly, the IACHR reiterates that the region’s States should adopt
comprehensive public policies for their criminal justice and prison management
systems, including both immediate measures and long-term plans, programs, and
projects. These should be undertaken by the States as a priority and a commitment of
all branches of government, not dependent on the varying interest that the government
in turn may place in them or on the ups and downs of public opinion.
325.
Such public policies should reveal the following essential
characteristics: (i) continuity: be considered as affairs of State, and executed regardless
of successive changes of government, (ii) adequate legal framework: be based in an
appropriate legal framework and sufficient regulations, (iii) adequate budget: be
supported by sufficient and relevant budgetary allocations, to be increased gradually
and progressively, and (iv) institutional integration: which requires a serious and
coordinated effort of all the branches of government, in both the formulation and
implementation of these policies. Moreover, and as an essential precondition for the
implementation of these policies, steps should be taken to stabilize the increase of the
prison population.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents