CAT/C/54/2 of police officers and prison guards; national human rights institutions; civil society organizations; faith-based organizations; the media; and, of course, NPMs.6 87. Thorough preparation prior to a visit is crucial, and information that is particularly significant for the Subcommittee in relation to pretrial detention includes not only the legislative and regulatory framework for pretrial detention and how that functions in practice, but also budgetary provisions for the criminal justice system; any geographical or resource impediments to the functioning of the criminal justice system; access to legal representation or medical services; and other local conditions that affect pretrial detention within States parties. 88. The Subcommittee notes that criminal justice systems are not income generating and are resource heavy. It therefore recognizes the challenges faced by States parties with limited resources. However, a lack of resources cannot be used by States to avoid their obligation to prevent torture and other ill-treatment. Some solutions to the problems created by the excessive use and misuse of pretrial detention can be implemented with minimal financial expenditure, in a cost-effective and sustainable manner. Furthermore it is recognized that the excessive use and misuse of pretrial detention has a significant social and economic impact on the wider community, exacerbating poverty and misdirecting State resources. The Subcommittee is committed to making its recommendations operational and realizable in order to assist States parties in identifying the most appropriate measures required to strengthen the preventive framework in each country context. The Subcommittee will therefore take into consideration local conditions, such as, but not limited to, the availability of lawyers, the proximity of courts to police and prisons, the availability of medical examinations and services, and the proximity of family members, when making its recommendations. 7 89. First and foremost, the Subcommittee’s approach to pretrial detention recognizes that States parties must reduce the number of persons in pretrial detention by respecting the presumption against pretrial detention and using alternatives to remand in custody. Imposing alternatives to criminal prosecution is one manifest way of diverting people away from detention under the criminal justice system. In that respect the Subcommittee draws the attention of States parties to the United Nations Standard Minimum Rules for Noncustodial Measures (the Tokyo Rules). Where criminal prosecution is pursued a range of measures can be applied as a substitute to pretrial detention. However, any alternative measures must be applied in a non-discriminatory manner and be accessible to all. The Subcommittee has expressed concern about alternatives to pretrial detention, in particular bail or surety provisions, which may be granted but which in practice are out of reach for many detainees because, for example, they are unaffordable or because detainees may lack access to legal representation to make such a request. Accordingly, when carrying out its mandate the Subcommittee will consider the non-custodial alternatives to pretrial detention that are provided for under the national laws of States parties and their application in practice. In addition, the Subcommittee is concerned over instances of “mob justice” and 6 7 18 See Penal Reform International and the Association for the Prevention of Torture, Detention Monitoring Tool Factsheet, 2013. The Subcommittee takes note of the following international and regional instruments that are particularly relevant to the pretrial detention context and provide useful guidance: the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules), the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, the Guidelines on the Conditions of Arrest, Police Custody and Pre-trial Detention in Africa, of the African Commission on Human and Peoples’ Rights; and the Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas, of the Inter-American Commission on Human Rights.