116
307.
The need for the actions of prison administrations to be brought into
line with the principle of transparency was also acknowledged by the OAS member
States at the Second Meeting of Officials Responsible for the Penitentiary and Prison
Policies, in the following terms:
Transparency and openness will be promoted in prison management,
taking all stakeholders into account and paying special attention to
persons deprived of liberty and their family members, the judges
enforcing or overseeing execution of sentences, civil society, and
prison officers. In calling for transparency in correctional policies,
mechanisms will be developed in these institutions to facilitate access
to justice. To that end, and within the established framework of
responsibilities, the prison warden will provide the opportunity for
oversight of his/her actions by the competent entity with jurisdiction
in this area. The behavior of all correctional system officers shall also
410
be geared to preventing corruption.
C.
Management of information on the use of pretrial detention
308.
In line with the foregoing and with the State’s duty to adopt public
policies to ensure rational use is made of incarceration, the Commission considers that
one strategic element in those policies is the compilation of useful data for analyzing the
411
main aspects of the use of pretrial detention.
309.
States should therefore establish indicators for setting measurable
goals related to the rational use of pretrial detention, in accordance with international
law; and, to reduce the related financial and human costs. The absence of indicators
translates into an inability to carry out evaluations and make decisions based on
objective parameters.
310.
Those indicators should be suitable for allowing aspects such as the
following to be analyzed: (a) the level of exposure to incarceration (generally expressed
as the number of detainees per 100,000 inhabitants in the country, which can then be
further broken down by age, gender and ethnicity; (b) the exceptionality of the use of
pretrial detention, which is observable, for example, by looking at the number and
percent of pretrial decisions and the number and percent of each alternative to pretrial
detention dictated in a particular jurisdiction in a particular period of time,
disaggregated by type of offences; (c) the level of compliance with or effectiveness of
410
OAS, Second Meeting of Officials Responsible for Penitentiary and Prison Policies in OAS
Member States, Valdivia, Chile, August 26 to 28, 2008, OEA/Ser.K/XXXIV GAPECA/doc.8/08 rev. 2, December
16, 2008, section E, Oversight and Transparency.
411
The OAS member States’ prison authorities have also recommended the preparation of
indicators, stating that “[i]mportance will be attached to developing instruments for periodically measuring
the major factors or specific indicators of prison management.” OAS, Second Meeting of Officials Responsible
for Penitentiary and Prison Policies in the OAS Member States, Valdivia, Chile, August 26 to 28, 2008,
OEA/Ser.K/XXXIV GAPECA/doc.8/08 rev. 2, December 16, 2008, section E, Oversight and Transparency.
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