44
employment and instruction in observance of human rights and
building a democratic citizenry; (2) secondary prevention, which
involves measures that focus on individuals or groups who are more
vulnerable to violence and crime, using targeted programs to reduce
the risk factors and open up social opportunities; and (3) tertiary
prevention, which involves individualized measures directed at
persons already engaged in criminal conduct, who are serving a
sentence or have recently completed their sentence. Particularly
important here are the programs that target persons serving prison
149
sentences (emphasis added).
105.
Moreover, as has been clearly acknowledged for more than thirty
years, violence and crime are phenomena rooted in complex social problems that go
beyond the purview of criminal law and involve much broader and deeper issues, such
as justice and social inclusion and the equitable distribution of economic resources.
Specifically, factors involved include poverty, unemployment, the lack of opportunities
for social advancement, and the lack of access to education and health. Thus, reducing
crime and violence requires comprehensive public policies that address the real causes.
In this regard, the United Nations Latin American Institute for the Prevention of Crime
and the Treatment of Offenders (ILANUD) notes that:
150
United Nations studies on criminality and the operation of criminal
justice systems, and victimisation surveys indicate that those countries
that strengthen their criminal justice systems but do not succeed in
developing equitable societies build violent societies and do not see a
reduction of their crime rates. In addition, their increasing use of
criminal justice becomes illegitimate because of lack of a good
technical defence for the large number of persons with little means;
because of the excessive number of inmates and the large number
among them waiting trial; because of prison overcrowding; and
151
because of other innumerable basic rights violations.
106.
To summarize, the Inter-American Commission reiterates that
considerations regarding the regulation, need, or imposition of pretrial detention must
149
IACHR, Report on Citizen Security and Human Rights, paras. 2, 61, and 155.
150
The Sixth United Nations Congress on Crime Prevention and Criminal Justice, held in 1980,
recognized that crime prevention had to be based on a country’s social, cultural, political, and economic
circumstances. Thus, the first paragraph of the Caracas Declaration states that “the success of criminal justice
systems and strategies for crime prevention [...] depends above all on the progress achieved throughout the
world in improving social conditions and enhancing the quality of life; it is thus essential to review traditional
crime prevention strategies based exclusively on legal criteria.” Document available in Spanish at:
http://www.ilanud.or.cr/1.1%20Declaracion%20de%20Caracas.pdf.
151
ILANUD, Crime, Criminal Justice and Prisons In Latin America and the Caribbean: How to
Implement the United Nations’ Rights and Duties Model, 2010, Elías Carranza, Crime, Criminal Justice, and
Prisons in Latin America and the Caribbean: The United Nations Model, Based on Rights and Obligations, and
the Need for Comprehensive Social and Criminal Justice Policies, p. 120.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents