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circumstances, those extensions shall be interpreted in the narrow
sense to ensure that pretrial detention is used only exceptionally.
When deciding whether pretrial detention should be prolonged, an
important factor to consider is whether specific evidence, which may
have initially made the application of such a measure seem
appropriate, may have become less compelling with the passage of
time.
5.
Study the possibility of increasing the crimes or offenses for which
pretrial detention cannot be legally applied, as well as the possibility of
not imposing greater restrictions on the mechanisms and procedural
possibilities for the release of detainees awaiting trial. These actions
would contribute to the use of this measure being truly exceptional
and in accordance with its precautionary nature.
6.
In the context of criminal proceedings, there shall be sufficient
evidentiary elements that associate the accused with the facts of the
case, in order to justify an order of preventive deprivation of liberty.
Pretrial detention should not be decided based solely on the reports
produced by police authorities. In any case, the request for the order
of pretrial detention must be duly grounded.
7.
When seeking one or several precautionary measures, the prosecutors
or agents of the Public Prosecutor’s Office shall: (a) make the case that
there is sufficient evidence to show that a crime was likely committed
and that the defendant was involved; (b) based on the circumstances
of the case and the suspect’s subjective characteristics, make a
sufficient case for the fact that the suspect will not stand trial
voluntarily or will obstruct the investigation or any specific measure
taken in the case; and (c) specify the period of time the suspect should
be held in pretrial detention. In cases in which the prosecutor requests
the application of the precautionary measure of pretrial detention, he
or she shall provide grounds as to why the application of a less
restrictive alternative measure would not be viable.
8.
Decisions by competent judicial authorities ordering pretrial detention
should be the result of a thorough and not merely formal examination
of each case, done in accordance with the applicable international
standards set out in this report. The corresponding resolution ordering
pretrial detention must name the individual whose pretrial detention
is being ordered, spell out the facts attributed to him or her, specify
the crimes that those facts constitute, explain the circumstances that
necessitate pretrial detention, and set the time period that the
individual is to be held in pretrial detention and the date on which it
will expire.
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