CAT/C/54/2
77.
In particular, it is known that the excessive use and length of pretrial detention is a
major cause of overcrowding, which is rife in many States parties. Overcrowding imposes a
significant burden on all aspects of the functioning and management of places of detention
and is a principal cause of poor conditions of detention. It also has a considerable impact on
the working conditions for staff in places of detention. Overcrowding is a significant factor
in the denial of health rights and the spread of communicable diseases among the detainee
population, which can be a risk not only to detainees but also the wider community through
visits and when detainees are released.
78.
It is also recognized that there is a nexus between poverty, discrimination and
pretrial detention. It is known that the poorest and most marginalized individuals or groups
in society are most likely to come into contact with the criminal justice system and
therefore to be held in pretrial detention.5 They can be disadvantaged and discriminated
against by the criminal justice system in a number of ways, for example if they are unable
to afford legal representation, bail and other alternatives to detention, or payments for food,
clothing, bedding and medication while in detention. Discriminatory attitudes may also
expose them to conditions of detention stricter than those applied to other detainees.
79.
Furthermore, although the Subcommittee acknowledges that corruption violates the
rights of all those affected by it and that all detainees are in a position of vulnerability, it
has observed that corruption has a disproportionate impact on the most disadvantaged and
marginalized people in society (CAT/C/52/2, para. 80). Their vulnerability is heightened
during periods in pretrial detention, since they may be unable to pay bribes, for example to
secure access to legal representation, family members, medical professionals or other
persons, to avoid further detention, to be transferred to another place of detention or to
otherwise secure better conditions and treatment.
80.
The Subcommittee reiterates that due process obligations are not limited to the
criminal proceedings and trial. The State has the obligation to ensure that the rights of those
convicted and those on remand are properly protected throughout their period of
imprisonment. As a result, there must be effective legal procedures available to all prisoners
enabling them to challenge any acts or omissions on the part of the detention staff or
authorities which are believed to exceed what has been legally sanctioned, and their
incidental consequences (ibid., paras. 54–55).
81.
The Subcommittee has observed in many States parties that persons are held in
pretrial detention in police stations or other places that are not specifically designed for that
purpose, sometimes for protracted periods of time. It has expressed a number of concerns
regarding that practice because such places do not have the necessary infrastructure,
facilities or budget, and their staff do not have the necessary training, to detain people for
longer periods. That can result in poor conditions of detention or expose individuals to a
heightened risk of torture.
82.
The excessive use and misuse of pretrial detention not only exposes people to a risk
of torture and other ill-treatment, but it can also go hand in hand with the violation of other
rights, in particular fair trial rights.
5
16
See, for example, A/64/215 and Corr.1, para. 40.
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