92 234. Moreover, in the report on its visit to Mexico, the SPT described the use in some States of the so called “flagrancia equiparada”, used to justify mass arrests of people not caught in flagrante and without ties or objects related to the offense, as a strategy to criminalize social protest. The use of such arrests is made worse by the fact that many of the detainees are unable to pay the high bail amounts demanded of 334 them. This provides an example of how the inability to make bail can be used as a tool to repress certain groups. 235. The Commission considers that States must ensure that bail mechanisms observe principles of material equality and that they do not constitute a form of discrimination against people unable to come up with the amounts set. In cases in which the inability of the accused to pay has been established, courts must use other methods to ensure appearance at trial that do not entail deprivation of liberty. In accordance with the principle of presumption of innocence, in no instance may bail constitute or include reparation for the harm caused by the offense with which the accused is charged. 236. With respect to the amount of bail, the European Court has established that it should be determined in light of the accused’s situation, his financial capacity (possessions), and his relationship to the person or entity acting as guarantor; and that in all events, the nature of such bail should be such that it will act as a sufficient 335 deterrent to dispel any intent on his part to abscond. All these are subjective factors that will depend on the specific situation and capacities of the person facing trial. The European Court has also stated that the mere absence of a fixed residence does not give 336 rise to a danger of flight. 237. House arrest is another measure that requires appropriate regulation and supervision. At the hearing on the Situation of Human Rights of Women Deprived of Liberty in Bolivia, it was noted that house arrest prevents low-income women from pursuing economic activities outside the home to provide for their sustenance and that of their families. Moreover, when women are placed under the oversight of a police officer, they have to provide the officer with a place to sleep, food, and transportation 337 Challenges of this kind in the to their homes from the location he indicates. implementation of this measure have also been observed in other countries of the region. 334 UN, Subcommittee for the Prevention of Torture, Report on the Visit of the SPT to Mexico, CAT/OP/MEX/1, published May 27, 2009, para. 208. 335 ECHR, Case of Neumeister v. Austria (Application No. 1936/63), Plenary of the Court, Judgment of June 27, 1968, para. 14. 336 ECHR, Case of Sulaoja v. Estonia (Application No. 55939/00), Fourth Section of the Court, Judgment of February 12, 2005, para. 64. 337 IACHR, Situation of Human Rights of Women Deprived of Liberty in Bolivia, 147th regular period of sessions, organized by the Legal Office for Women (OJM), Latin American and Caribbean Committee for the Defense of Women’s Rights (CLADEM), Center for Justice and International Law (CEJIL), March 15, 2013.