II. ANALYSIS OF THE USE OF PRETRIAL DETENTION IN THE REGION A. Recent monitoring by the IACHR and by Universal System mechanisms 39. Historically, and particularly in performing its monitoring mandate, the Inter-American Commission has consistently referred to the excessive use of pretrial detention as one of the main problems affecting the respect for the human rights of persons deprived of their liberty in the Americas. 40. Over the past fifteen years, the IACHR has addressed this problem in special country reports related to: Honduras, where it noted that in June 2012 there were a total of 11,727 persons deprived of their liberty, of whom 47.98% were still 39 being tried; Venezuela, where it discovered, through a range of sources including official data, that of the approximately 21,877 people deprived of their liberty in 2009, 40 more than 65% had not been convicted; Haiti, where it observed that in April 2007, 41 the prison population totaled 5,480 inmates, of whom 85% were awaiting trial, with a 42 similar percentage also observed in November 2004; Bolivia, where it reported that 43 74% of a total of 6,864 inmates in 2006 were being held in pretrial detention, a figure 44 that by 2008 had risen to 75%, as recorded in the follow-up report; Guatemala, where it noted that between 1999 and 2000, two-thirds of the total prison population, at that 45 time numbering slightly more than 8,200 people, were awaiting trial; Paraguay, which in 1998 had a total of 2,266 inmates, of whom 93% were being held without a final 46 judgment; Peru, where according to official figures for February 2000, pretrial detainees accounted for 52% of a total of more than 27,500 people deprived of their 47 liberty; the Dominican Republic, where a proportion of 85% prisoners without 39 IACHR, Report of the Inter-American Commission on Human Rights on the Situation of Persons Deprived of Liberty in Honduras, OEA/Ser.L/V/II.147, adopted March 18, 2013 (hereinafter “Report of the InterAmerican Commission on Human Rights on the Situation of Persons Deprived of Liberty in Honduras”), para. 19. 40 IACHR, Democracy and Human Rights in Venezuela, OEA/Ser.L/V/II Doc. 54, adopted December 30, 2009, paras. 859 and 860. 41 IACHR, Observations of the Inter-American Commission on Human Rights upon Conclusion of its April 2007 Visit to Haiti, OEA/Ser.L/V/II.131, adopted March 2, 2008, para. 36. 42 IACHR, Haiti: Failed Justice or the Rule of Law? Challenges Ahead for Haiti and the International Community, OEA/Ser/L/II.123, Doc. 6 rev. 1, adopted October 26, 2005, Ch. III, para. 165. 43 IACHR, Access to Justice and Social Inclusion: The Road towards Strengthening Democracy in Bolivia, OEA/Ser.L/V/II Doc. 34, adopted June 28, 2007, Ch. III, para. 190. 44 IACHR, Follow-up Report: Access to Justice and Social Inclusion: The Road towards Strengthening Democracy in Bolivia, OEA/Ser/L/V/II.135 Doc. 40, adopted August 7, 2009, Ch. V, para. 104. 45 IACHR, Fifth Report on the Situation of Human Rights in Guatemala, Ch. VII, para. 26 and Ch. VIII, 46 IACHR, Third Report on the Situation of Human Rights in Paraguay, Ch. IV, para. 38. para. 10. 47 IACHR, Second Report on the Situation of Human Rights in Peru, OEA/Ser.L/V/II.106 Doc. 59 rev., adopted June 2, 2000, Ch. IX, para. 13.

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