28
authorities regarding the effectiveness of criminal prosecutions in combating crime and
88
impunity.
64.
Similarly, the Inter-American Commission has received information
indicating that in Costa Rica, over the 2008-2012 period, the occupancy rate within the
prison system rose from 101% to 130.1% (in 2008, the system had an installed capacity
for 8,140 inmates and the prison population totaled 8,225 people; in 2012, with an
installed capacity for 9,803 inmates, the system was housing 12,916 people), with truly
alarming levels of overcrowding reported at facilities such as CPI La Reforma (159%) and
CPI San José (182%). One of the reasons offered for this increase in inmate numbers in
recent years is the rising trend in the use of pretrial detention. Thus, Costa Rica’s
numbers of pretrial detainees have grown at the following rate: 1,844 in 2007; 1,964 in
2008; 2,413 in 2009; 2,635 in 2010; 3,036 in 2011; and 3,264 in 2012, representing
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24.78% of the total prison population that year.
65.
In Ecuador, a total of 19,177 persons deprived of liberty was reported
as of August 2012: 9,409 (49.1%) facing trial and 9,768 (50.1%) with a sentence, of the
latter group, around 4,732 (48.4%) with an enforceable final judgment, accounting for
24.7% of the total prison population. Of the 17,615 male inmates, 25% were deprived of
liberty for crimes against property, 21% for drug offenses, and 20% for crimes against
persons; and, of the 1,562 women inmates, 61.3% were being held for drug offenses,
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16% for crimes against property, and 10% for crimes against persons. According to the
General Public Defender of Ecuador, reducing the frequency with which pretrial
detention is used requires paying attention to the following lines of action: (a) giving
priority to the use of alternative solutions and measures other than pretrial detention,
(b) making proper use of precautionary measures, (c) pursuing strategic criminal
prosecutions (of complex crimes), (d) ensuring the autonomy and institutional
strengthening of the Public Defense Office, (e) introducing oral proceedings, and (f)
codifying as a crime the persecution of innocent people. In the General Public
Defender’s view, promoting criminal policy with all due guarantees requires greater
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sagacity at the political and institutional levels.
88
On this point, see, in general: DPLF, Insufficient Judicial Independence, Distorted Pretrial
Detention: The Cases of Argentina, Colombia, Ecuador and Peru, 2013, pp. 65-113.
89
Office of the People’s Defender of Costa Rica, Annual Report 2012-2013, Report of the National
Torture Prevention Mechanism, pp. 369-374 (statistics as of December 31, 2012). In addition, see alert bulletin
titled: The Office of the People’s Defender of Costa Rica, the National Torture Prevention Mechanism and
Public Defenders make a call of national alert due to the current situation of the national penitentiary system,
October 3, 2012, addressed to Her Excellency the President of the Republic of Costa Rica. As early as 2008, the
Committee against Torture had noted its concern regarding the prolonged duration of pretrial detention and
the high number of pretrial detainees in Costa Rica. UN, Committee against Torture, Consideration of Reports
Submitted by States Parties under Article 19 of the Convention, Conclusions and Recommendations of the
Committee against Torture, Costa Rica, CAT/C/CRI/CO/2, published July 7, 2008, para. 5.
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Response to the questionnaire for the IACHR’s thematic Report on Pretrial Detention in the
Americas, Regional Foundation of Human Rights Advising (INREDH), November 1, 2012. Figures from: General
Planning Coordination Office – Statistics, Ministry of Justice, Human Rights, and Worship.
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IACHR Regional Meeting of Experts on Pretrial Detention, May 9 and 10, 2013, Presentation by
Dr. Ernesto Pazmiño Granizo, available at: http://www.oas.org/es/cidh/ppl/actividades/prisionpreventiva.asp.
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