10
notes that the construction of new detention facilities alone is not an ideal or
sustainable solution to this problem.
28.
Chapter VI offers observations about managing information related to
pretrial detention, in light of the State’s duty to keep records of detainees and to ensure
transparency in prison operations. The chapter states that the compilation of useful
data for analyzing the main issues related to the use of pretrial detention is a strategic
element in executing public policies aimed at ensuring a more rational use of this
measure. The absence of information translates into an inability to carry out evaluations
or to make decisions based on objective parameters.
29.
The conclusions in Chapter VII lists the most important issues, in the
Commission’s view, related to the use of pretrial detention in the region, based on the
information analyzed in this report. Emphasis is also placed on the State’s duty to adopt
comprehensive public policies for prison management, and the elements those policies
should include are explored. Finally, the Chapter offers a catalogue of recommendations
covering seven basic areas, intended to provide States with tools for ensuring more
rational use of pretrial detention and for bringing its application into line with the
international obligations States have assumed.
C.
Legal framework and methodology
30.
This report is to a great extent a continuation or extension of the
Report on the Rights of Persons Deprived of Liberty in the Americas, in which the IACHR
referred to the excessive use of pretrial detention as one of the most serious and
widespread problems in the region pertaining to the situation of persons deprived of
liberty. In that report, the Commission indicated that this topic, as well as other equally
25
important and complex ones, would be fleshed out further in subsequent studies.
31.
Accordingly, this report is based on the same legal framework as the
26
Report on the Rights of Persons Deprived of Liberty in the Americas. That framework is
rooted in the American Convention on Human Rights (hereinafter “the Convention” or
27
“the American Convention”), the American Declaration of the Rights and Duties of
28
Man (hereinafter “the American Declaration”), and all the other treaties comprising
the Inter-American human rights protection body of law. Additionally, analogous
treaties of the United Nations system (hereinafter “the Universal System”), to which
most of the OAS Member States are parties as well, are taken into consideration.
25
IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas, paras. 627-
26
IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas, paras. 27-37.
629.
27
OAS, American Convention on Human Rights, signed in San José, Costa Rica on November 22,
1969, at the Inter-American Specialized Conference on Human Rights.
28
OAS, American Declaration of the Rights and Duties of Man, adopted by the Ninth International
Conference of American States, in Bogota, Colombia, 1948.
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