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means to make bail. In cases where the accused’s lack of capacity of
payment has been established, another precautionary measure should
be used that does not involve deprivation of liberty. In accordance
with the principle of presumption of innocence, bail shall in no case
constitute or include reparation of damages caused by the crime
imputed to the accused.
C.
5.
While failure to abide by the alternative measures may carry penalties,
this failure should not constitute automatic justification to impose
pretrial detention. In such cases, specific grounds shall support the
application of pretrial detention in lieu of less restrictive alternatives.
When a person is accused of breaching the terms of a non-custodial
measure, the competent authority shall grant the person the
opportunity to be heard and to present elements to explain or justify
that infringement.
6.
Develop training, oversight, and enforcement measures to ensure the
use of non-custodial measures in accordance with domestic and
international norms.
Legal framework and application of pretrial detention
1.
Take the necessary measures to guarantee that pretrial detention is
applied as an exceptional measure, justified only when the legal
requirements applicable in each individual case are present, which
should comply with international human rights law, as explained in
this report.
2.
Adopt the necessary measures to ensure that detainees are brought to
trial without undue delay. In this regard, the IACHR recommends that
member States give priority to those criminal proceedings in which
persons are being held in pretrial detention. Ensure that the periods of
pretrial detention are strictly within the limits allowed by law.
3.
In those cases in which the law limits the length of time a person may
be held in pretrial detention, such a provision shall not be interpreted
or applied to mean that the pretrial detainee may always be held for
that period; instead, the law shall be interpreted to mean that the
person may be held in custody only for the time period necessary to
achieve the ends for which the measure was ordered, in accordance
with the principles of necessity and proportionality. Further, the fact
that the law sets a maximum period for pretrial detention shall not
obviate the need for periodic reviews to ascertain whether pretrial
detention is still necessary, as indicated in these recommendations.
4.
In those cases in which the criminal code allows the maximum period
established for pretrial detention to be extended under certain
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