7
which means that respect for the human rights of persons deprived of liberty is not at
odds with the aims of citizen security, but is instead an essential element for the
realization thereof. Citizen security is one dimension of human security and therefore of
human development and is linked to the interrelated presence of multiple actors,
23
conditions and factors.
18.
The IACHR reiterates that the public policies that the Member States
of the region put into practice for citizen security should prioritize measures to prevent
violence and crime in three categories: (1) primary prevention: programs in public
health, education, employment and instruction in respect for human rights and building
a democratic citizenry; (2) secondary prevention: measures focusing on individuals or
groups who are more vulnerable to violence and crime; and (3) tertiary prevention:
individualized measures and programs directed at persons already engaged in criminal
24
conduct.
19.
These measures are especially relevant in light of one of the findings
of this report, that increased use of pretrial detention and deprivation of liberty in
general is not the right way to realize the aims of citizen security. The Inter-American
Commission has found no empirical evidence showing that increased use of pretrial
detention leads to decreased rates of crime or violence.
20.
The exceptional nature of the use of pretrial detention, based on the
criteria of necessity and proportionality, is one element that must be included in any
criminal policy that takes into consideration the standards of the Inter-American system.
Accordingly, the American Convention establishes a legal order under which “[n]o one
shall be subject to arbitrary arrest or imprisonment” (Article 7.3); and any person “shall
be entitled to trial within a reasonable time or to be released without prejudice to the
continuation of the proceedings. His release may be subject to guarantees to assure his
appearance for trial” (Article 7.5). The American Declaration also provides that “[e]very
individual who has been deprived of his liberty has the right to […] be tried without
undue delay or, otherwise, to be released” (Article XXV). In other words, it is a right of
the accused to be on release during the criminal proceeding and therefore this right can
only be restricted as an exception and with strict adherence to the provisions of
international instruments that provide for such a restriction. This is not a prerogative or
a benefit, but instead an established right designed to protect legal interests as
fundamental as liberty and even personal integrity.
…continuation
Challenges: Crime Prevention and Criminal Justice Systems and Their Development in a Changing World,
approved at the Twelfth United Nations Congress on Crime Prevention and Criminal Justice, in Salvador
(Brazil), April 12-19, 2010.
23
IACHR, Report on Citizen Security and Human Rights, OEA/Ser.L/V/II. Doc. 57, adopted December
31 (hereinafter “Report on Citizen Security and Human Rights”), 2009, para. 2.
24
IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas, para. 10;
IACHR, Report on Citizen Security and Human Rights, para. 155.
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