97 the administration of justice, or for the maintenance of security and good order in the place of detention shall be forbidden” (Principle 36.2). 251. Accordingly, in keeping with the principle of the presumption of innocence, Articles 84 to 93 of the Standard Minimum Rules for the Treatment of Prisoners extensively flesh out how persons held in pretrial detention should be treated, establishing, among other things, that (a) untried prisoners may, if they so desire, have their food procured at their own expense from the outside; (b) they shall be allowed to wear their own clothing, or if they wear prison dress, it shall be different from that supplied to convicted prisoners; (c) they shall always be offered the opportunity to work, but shall not be required to work. If they choose to work, they shall be paid for it; (d) they shall be allowed to procure books, newspapers, writing materials and other means of occupation; (e) they shall be allowed to be visited and treated by their own 349 doctor or dentist; and (f) untried prisoners shall be given all reasonable facilities for communicating with their families and friends, and for receiving visits from them and for the preparation of their defense. In light of their importance, these last two requirements shall be examined further in the next section. 252. With respect to the applicable regime for persons in pretrial detention, and emphasizing their participation in productive activities, the SRT noted in his recent report on the content of the Standard Minimum Rules for the Treatment of Prisoners that: Given the excessive use of pretrial detention for long periods of time, it is absolutely necessary to ensure that all persons deprived of liberty have access to activities and can benefit from other privileges to which the general prison population is entitled. The Special Rapporteur acknowledges that it may be difficult to implement this principle, given the fairly rapid turnover of persons awaiting trial and the fact that police stations and other detention facilities may not be adapted for this purpose. As the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment has noted, however, prisoners cannot simply be left to languish for weeks, 350 possibly months, locked up in their cells. 253. The principle of the physical separation of the accused from the convicted is not only mandatory under international law, but is also recognized as a provision of constitutional rank in Ecuador, Guatemala, Haiti, Honduras, Mexico, 349 In this regard, Recommendation Rec (2006)13 on the use of remand in custody, the conditions in which it takes place and the provision of safeguards against abuse provides that “[a]rrangements shall be made to enable remand prisoners to continue with necessary medical or dental treatment that they were receiving before they were detained, if so decided by the remand institution’s doctor or dentist where possible in consultation with the remand prisoner’s doctor or dentist.” (Paragraph 37). 350 UN, Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, Interim Report, A/68/295, published on August 9, 2013, para. 38.

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