9
detention in their jurisdictions, and it highlights a number of relevant aspects of the
situation in several OAS member states.
24.
In discussing the reasons for the non-exceptional use of pretrial
detention, emphasis is given to criminal justice policies that propose increasing
incarceration as a way to solve citizen security problems and which have led to a series
of legal reforms that have resulted in a greater use of pretrial detention. On this issue,
the report provides examples of specific situations that have arisen in some countries.
Reference is also made to threats to the independence of those judicial authorities
charged with ordering pretrial detention. These tensions, as is explained, come mostly
from high-level public officials in other agencies of the state and in the judicial systems,
as well as from the media and public opinion. Chapter II also offers a series of
considerations about the high cost that the use of pretrial detention poses for the State,
detainees and their families, and society as a whole.
25.
Chapter III addresses the international standards applicable to the use
of pretrial detention and deals in depth with the right to the presumption of innocence
and its practical implications, the principle of exceptionality that should govern the use
of this measure, and the criteria of necessity, proportionality, and reasonable duration
to which it must be subjected. The only legitimate purposes of pretrial detention are to
prevent the accused from fleeing justice or from interfering with the proper course of
the proceedings. Chapter III therefore sets out how the bodies of the Inter-American
system have referred to certain grounds that are invalid or insufficient, which are in
breach of the American Convention even if they are provided for in domestic law.
Chapter III also sets forth relevant standards for judicial proceedings in which this
measure is ordered, for the right of defense, for the State’s duty to provide redress for
harm inflicted on detainees in violation of Article 7 of the American Convention, and for
the use of pretrial detention in cases involving children and adolescents.
26.
Chapter IV covers the State’s duty to establish and encourage the use
of precautionary measures other than pretrial detention, which means that judges are
required to consider ordering those measures and, when relevant, to explain why they
would be inadequate in mitigating the potential procedural risks. Chapter IV also
explains that the use of non-custodial precautionary measures does not undermine
victims’ rights and, moreover, is not a synonym of impunity and that, on the contrary,
their development and increased use are important elements in modernizing the
administration of justice and prison management, in that they would help stabilize the
growth of prison populations.
27.
Chapter V examines the distinct rights of people in pretrial detention
compared to the rest of the prison population. The first one is the right to be kept
separate from convicted prisoners and to receive treatment in accordance with the
principle of the presumption of innocence. The chapter examines the conditions in
which people should be held during their proceedings, particularly those conditions
related to guaranteeing the right of defense, contact with family members, the right to
vote, and the enforcement of disciplinary measures. Chapter V also analyzes the impact
of pretrial detention on prison systems, mainly by increasing inmate numbers, and it
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