128 4. Seek to ensure that persons being held in pretrial detention have full access to work, cultural and recreational activities that prisons offer. 5. Guarantee that the competent judicial authorities appropriately monitor the detention conditions. 6. Eradicate the practice of holding pretrial detainees in police stations. Instead, these detainees should be transferred to penal institutions to await trial. There, they are to be segregated from convicted inmates. Accordingly, the OAS Member States should adopt the measures necessary to be able to house detainees in conditions consistent with the dignity of the human person. In case Member States are not able to guarantee conditions that are compatible with the human dignity of processed persons, they shall provide for the application of a precautionary measure other than pretrial detention or provide for their release during trial. 7. Ensure that any person held in pretrial detention has adequate sanitary and safety conditions, and the time and facilities to receive visitors and the legal advice of a defense counsel of his or her choosing in complete confidence, without needless delays, interception of communications, or any form of censorship. Defense attorneys’ visits shall not be heard by prison authorities. Any undue restriction or obstruction of the detainees’ access to their defense attorneys shall be subject to an immediate review by an independent authority. Any detained person shall have access to and be authorized to be in possession of the legal documents pertaining to his or her case; prison authorities may not arbitrarily take those documents away. 8. Ensure that, by law, the authority charged with the criminal investigation is distinct from the authorities charged with the detention and with controlling the conditions of pretrial detention. This separation is essential to avoid the conditions of incarceration being used to obstruct effective exercise of the right of defense. It also prevents self-incrimination or pretrial detention being used as a kind of anticipated sentence. 9. Adopt the legislative, regulatory and administrative measures necessary to ensure the persons in pretrial detention the exercise of the political rights compatible with their legal situation, particularly the right to vote. 10. Disciplinary measures administered to persons in pretrial detention shall not have the effect of prolonging that detention or interfering with the preparation of the accused’s defense and regular access to his or her legal representatives. Disciplinary measures shall not affect the minimum contacts necessary with the detainee’s family.

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