CAT/C/54/2 C. Key principles of the Subcommittee’s preventive approach to pretrial detention 83. The Subcommittee recognizes that in carrying out its preventive mandate there is a need not only to address problems observed in relation to specific institutions but to consider the broader political, legal and sociopolitical context within which torture and other ill-treatment occur in State parties. While that applies to all aspects of its work, the need to address the broader legal and system features is perhaps particularly significant in the context of pretrial detention. The excessive use and misuse of pretrial detention is a complex problem caused by a variety of factors, such as the legal framework; structural and resource deficiencies in the criminal justice system; corruption; interference with judicial independence; and deeply rooted attitudes, not only within the criminal justice system but at the broader societal level. Accordingly, the Subcommittee and NPMs need to consider the criminal justice system as a whole and the local conditions that influence its functioning in practice, and engage with all the relevant agencies and stakeholders. The following paragraphs set out certain key principles that are aimed at addressing specific factors that the Subcommittee is aware of in relation to the pretrial phase and inherent difficulties that have been identified. 84. Visits to places of detention in the first instance enable the visiting delegation to determine whether or not particular individuals should be held within that place of detention. The Subcommittee reiterates that deprivation of liberty pending trial should be used as a last resort. 85. Visits not only enable structural and functional failures to be identified within particular institutions but can also help to identify and verify the system-wide problems that may contribute to the likelihood of torture and other ill-treatment occurring within a State party. The Subcommittee reiterates that the purpose of its reports and recommendations is to offer practical advice on how to reduce the risk of torture or other ill-treatment and that those reports and recommendations are firmly based on, and informed by, the facts found and circumstances encountered during visits (CAT/OP/12/6, para. 4). The Subcommittee does not prescribe a set manner in which its visits will be conducted or their substantive purpose; instead, it applies its visiting mandate in a flexible manner to reflect each particular country context and thereby maximize its preventive potential and impact (ibid., para. 5 (e)). In the context of pretrial detention specifically, visits can assist in obtaining and verifying information not only about conditions of detention and treatment of pretrial detainees but also on systemic issues with the criminal justice system as a whole that have an impact on the excessive use and misuse of pretrial detention. Such issues can include a lack of resources resulting in poor case management; a lack of investigative and forensic training and resources for the police; limited availability of lawyers; a lack of training and resources for the judiciary; a lack of legislative provision for or use of alternatives to pretrial detention; and corruption. It is therefore crucial that visits are conducted to places of police custody and pretrial detention. The Subcommittee is concerned that some NPMs and other relevant national actors experience difficulties in gaining access to those places of detention. States must take measures to guarantee access by NPMs and other relevant national actors to places of police custody and pretrial detention, in conformity with the Optional Protocol. 86. Furthermore, while interviews with pretrial detainees and staff in charge of their care remain an important source of information, a thorough assessment of the practice of pretrial detention within a State party requires information to be gathered from a range of stakeholders, such as, but not limited to: ministries of justice, health and finance; prosecutors; judges; magistrates; professional associations; legal aid providers; trade unions 17