25 of approximately between 70% and 80% of convicted prison inmates compared to 20% 74 to 30% of inmates in pretrial detention. It is worth noting that the province of Chubut succeeded in turning around its ratio of pretrial detainees to convicts: it currently has 20% of its inmates in pretrial detention compared to 78% of convicts, with a similar breakdown of offenses to that reported by other provinces (murders accounting for 45% of the cases, theft for 27.5%, and sex crimes for 20.5%). This specific situation in Chubut can be attributed to the following factors: (a) laws that make pretrial detention the remedy of last resort and offer an array of different measures that are actually used as alternatives to incarceration; (b) the use of oral presentations in proceedings to decide on the applicability of pretrial detention, where the Public Prosecution Service must show that the legal requirements have been met; (c) the public defender conducts an analysis of the personal conditions of the accused, confirms the information obtained, and presents it to the judge at the hearing, and the decision is based on that information, not on the criminal record, recidivism, or applicable punishment; and (d) the periodic reviews of measures that have been applied. Clearly, this set of elements 75 indicates a cultural shift in the application of pretrial detention. 57. Bolivia is one of the countries in the region with the highest 76 proportion of pretrial detainees, as the State itself acknowledged in its reply to the questionnaire: “[i]n accordance with international standards, Bolivian criminal law treats pretrial detention as an ‘exceptional’ measure; however, in practice it continues to be 77 the rule and the basis for criminal prosecution.” Bolivia’s total prison population – and, consequently, the number of people held in pretrial detention – has grown constantly over recent years and has almost trebled since the start of the millennium. In 2001, the 74 Institute of Comparative Criminal and Social Science Studies (INECIP), The State of Pretrial Detention in Argentina – Current situation and proposals for reform (El Estado de la Prisión Preventiva en la Argentina – Situación actual y propuestas de cambio), Buenos Aires, 2012, p. 48. 75 Institute of Comparative Criminal and Social Science Studies (INECIP), The State of Pretrial Detention in Argentina – Current situation and proposals for reform (El Estado de la Prisión Preventiva en la Argentina – Situación actual y propuestas de cambio), Buenos Aires, 2012, pp. 66 and 67. 76 More than a mere statistic, that is a reality that affects thousands of people in a direct and concrete way – occasionally, in a patently abhorrent manner, such as the case of Mr. Luis Córdoba Marca, who was held in prison for more than 21 years without being sentenced. See El Deber, Luis was in prison for 21 years without knowing why (Luis pasó 21 años de su vida en la cárcel sin saber por qué, July 18, 2013, available http://www.eldeber.com.bo/luis-paso-21-anos-de-su-vida-en-la-carcel-sin-saber-porin Spanish at: que/130717221729. On August 23, 2013, a serious violent incident occurred at the Palmasola Prison, in which 33 inmates died. Of the fatalities, only two had been sentenced, while the other 31 were in pretrial detention. Moreover, of the 5,200 total inmates held at the Palmasola facility, only 400 have received final sentences: in other words, 92% of the prisoners had not been convicted. This information was given to the Rapporteur’s office by the Construir Foundation. The IACHR also addressed this alarming incident in its press release No. 62/13: IACHR Deplores Violent Deaths in Bolivian Prison, August 29, 2013. 77 The source is the State’s official reply to the questionnaire sent out in preparation for this report. In addition, following the grave violence that occurred at Palmasola Prison on August 23, the President of the Republic publicly acknowledged the current crisis within the Bolivian prison system and stated that the main problems were shortcomings in the justice system and the high proportion of prisoners who had not yet been sentenced. La Razón, Pardon and Amnesty are Proposed in Response to the Prison Crisis (Proponen indulto y amnistía ante la crisis en las cárceles), September 3, 2013, available in Spanish at: http://www.larazon.com/nacional/seguridad_nacional/Proponen-indulto-amnistia-crisis-carceles_0_1900010020.html.