17
alternative measures; the absence of mechanisms for implementing alternative
measures; the inversion of the burden of proof, with which it falls to the accused to
provide that pretrial detention should not be ordered; deep-rooted judicial paradigms
and practices that favor pretrial detention over other measures; corruption; the
widespread use of this exceptional measure in cases of minor offenses; and extreme
difficulties in revoking it once it has been ordered.
44.
Consequently, the Inter-American Commission has presented States
with the following concrete recommendations: take the necessary steps to correct
procedural delays and strengthen justice systems; adopt precautionary measures other
than imprisonment in the pretrial phase; ensure that judicial authorities duly ground
their orders for pretrial detention, in strict compliance with the maximum legal duration
and in accordance with international standards, and to review those decisions
periodically, ensuring that the reasons on which the pretrial detention was based
continue to exist; ensure that people facing prosecution have effective judicial remedies
to challenge pretrial detention orders; establish effective and accessible public defense
systems; introduce the statutory amendments necessary to limit the use of such
measures, particularly when nonviolent and less serious offenses are involved; promote
an authentic change of paradigm and attitudes to the applicability of and need for
pretrial detention; and take the necessary steps to ensure the independence of the
judiciary, and the independence and autonomy of public defense services.
45.
The Inter-American Commission has observed that measures intended
to reduce the high numbers of people held in pretrial detention should address the
implementation of controls over its use and seek to expedite criminal cases. It has also
held that notwithstanding such circumstantial or creative actions that States may adopt,
resolving this problem demands the adoption of serious legal and institutional reforms,
arising from public policies that are geared toward that goal. Moreover, the IACHR has
considered it essential that convicts and pretrial detainees be held separately, and that
the latter group receive a treatment that is in line with the presumption of innocence.
46.
Likewise, those United Nations mechanisms that monitor the situation
of people deprived of liberty and, in particular, conduct oversight visits, have also
addressed the high numbers of persons in pretrial detention in the OAS member States
and the conditions in which they are held.
47.
During its March 2013 visit to Brazil, the Working Group on Arbitrary
Detention noted that of a total prison population of some 550,000 people – one of the
57
highest in the world – approximately 217,000 inmates were being held pending trial;
in El Salvador, in January 2012, it reported that of a total of more than 25,400 people
deprived of liberty, 7,376 were in pretrial detention, and 970 of them had been there
57
UN, Working Group on Arbitrary Detention, Statement upon Conclusion of its Visit to Brazil (18 to
28
March
2013),
available
at:
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13197&LangID=E.
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