102
violations of state and local laws, inasmuch as the only public defender working on the
364
premises is a federal public defender.
265.
In this context, it is unacceptable from any standpoint that persons in
pretrial detention are compelled to be absent from their hearings or other procedural
events for reasons such as the State’s failure to provide a means of transportation or
custodial officers. It is also unacceptable for the prosecutors to be absent or for any
other reason attributable to the State to interfere with the detainee’s presence at the
hearing. The reason for this is that the decision to hold a person in custody under the
principle of ensuring his appearance for trial resides with the State and, therefore, the
fact that it is unable to provide transportation or custodial measures for the detainees
to be able go to the courthouse for the respective hearings on the date and at the time
scheduled, amounts to a situation of fundamental injustice. Similarly, it is totally
unacceptable to collect “bribes” from inmates to be transported to the courthouses.
This type of practice should be properly investigated and punished when it takes place.
266.
In addition to the typical procedural purposes of a defense, legal
assistance may be required for other purposes, such as ensuring judicial protection for
the conditions of detention or for other personal or family-related reasons of the inmate
that are not connected to confinement. For this purpose, inmates in general should
have the means to gain effective access to their legal representation.
267.
Accordingly, in keeping with the standards set by the Council of
Europe, the Commission considers that no disciplinary punishment imposed on a
remand prisoner shall have the effect of extending the length of the remand in custody
365
or interfering with the preparation of his or her defense.
268.
In addition to the foregoing considerations, the Commission
underscores that under no circumstances should the practice of using pretrial detention
be tolerated as a mechanism to force confessions or the naming of other suspects, or to
prod the detainee to self-incriminate and opt for a summary proceeding or plea bargain
366
as a way to obtain prompt release. Just as with the non-exceptional use of pretrial
364
IACHR, Thematic Hearing: Situation of Persons Deprived of Liberty at the Prison Complex of the
Marias Islands, Mexico, 149th regular period of sessions, requested by: ASILEGAL, Documenta, Renace,
Institute of Human Rights Ignacio Ellacuría, S.J., Ibero-American University of Puebla and others and held on
November 1, 2013. See also CNDH, Recommendation No. 90/2011, Regarding the case of the inmates of the
“Islas Marias” Prison Complex, Mexico, D.F., December 16, 2001, item (g).
365
Council of Europe/Committee of Ministers, 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, approved on
September 27, 2006, para. 41.
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In this regard, in addition to the pronouncement on Colombia in paragraph 63 of this report and
according to a study conducted in four jurisdictions of the Republic of Argentina (the federal jurisdiction and
the provinces of Santa Fe, Cordoba and Chubut), the Commission found a common denominator to be that
“when persons deprived of liberty in those jurisdictions are asked whether pretrial detention was used as a
bargaining chip to sign a plea bargain agreement for an expedited proceeding, everyone responded that it was
[used in this way], since it would give them certainty about their legal situation or because they felt compelled
[to do so] because of insecurity inside prisons.” Said study also concluded: “pretrial detention directly affects
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