94
into account the use of non-custodial measures as a means of optimizing the social
340
utility of the criminal justice system and available resources.
242.
The rational use of non-custodial precautionary measures, in
accordance with the criteria of legality, necessity, and proportionality, in no way
conflicts with the rights of victims, nor does it represent a form of impunity. To hold
otherwise would be to ignore the nature and purposes of pretrial detention in a
democratic society. It is therefore important for the different branches of government
to give their institutional support to the use of non-custodial precautionary measures,
instead of discouraging their use or undermining the public’s trust in them. Without
confidence in the use of alternative non-custodial measures, there is a risk of their
falling into disuse, which would be seriously detrimental to the dignity of the individual,
personal liberty, and the presumption of innocence, all of which are basic pillars in a
democratic society.
243.
Finally, the Commission again notes that the human rights system of
the United Nations has adopted specialized instruments and documents dealing with
the issues addressed in this chapter, including the Standard Minimum Rules for Noncustodial Measures (Tokyo Rules) referred to above, and the Handbook of Basic
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Principles and Promising Practices on Alternatives to Imprisonment.
340
341
IACHR, Fifth Report on the Situation of Human Rights in Guatemala, Ch. VII, para. 36.
Available at: http://www.unodc.org/ropan/en/PrisonReform/ToolsandPublications/tools-andpublications.html.
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