103 detention, such practices are contrary to the very essence of the rule of law and the values that inspire a democratic society. 2. Family contact 269. In its Report on the Human Rights of Persons Deprived of Liberty in the Americas, the IACHR reiterated that States have the obligation to ensure the right of persons deprived of liberty to maintain and develop family relationships. Also, in light of Article 17.1 of the Convention, States must create the necessary structural conditions to make this right effective by correcting all structural deficiencies that prevent contact and communication between inmates and their family members from taking place on a sufficiently regular basis under secure conditions that respect their dignity. Additionally, based on first hand observation in different countries of the region, the Commission observed that: For persons deprived of liberty, family support is essential in many areas and ranges from the emotional support to material assistance. In the majority of prisons in the region, the items that prisoners need to meet their most basic needs are not provided by the State, as they should be, but by their own families or third parties. Furthermore, at the emotional and psychological level, maintaining family contact is so important for inmates that its absence is considered an objective 367 factor contributing to a heightened risk of their resorting to suicide. 270. With respect to persons in pretrial detention, the Commission considers that the State’s duty to adopt the measures necessary to ensure family contact is even greater in function of the right to the presumption of innocence, and taking into account that this measure is only intended to achieve the procedural aim of guaranteeing the appearance of the defendant in the proceedings. In this regard, the Standard Minimum Rules for the Treatment of Prisoners provides that any untried prisoner “shall be given all reasonable facilities for communicating with his family and friends, and for receiving visits from them, subject only to restrictions and supervision as are necessary in the interests of the administration of justice and of the security and good order of the institution” (Rule 92). This communication must be facilitated through the three major and generally accepted means: visits, mail and telephone calls. …continuation persons whose release is contingent upon their freedom of choice and their ability to mount an effective defense. In that context, it functions as a factor of extortion in those systems providing for a broad plea bargain agreement for expedited proceedings, where in most cases they end up accepting the punishment, which is often a similar length of time to the time they have been held in custody in that modality [of pretrial detention].” Institute of Comparative Studies in Criminal and Social Sciences (INECIP), The status of pretrial detention in Argentina-current situation and proposals for change (El Estado de la Prisión Preventiva en la Argentina-Situación actual y propuestas de cambio), [‘] Buenos Aires, 2012, p. 67. 367 578. IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas, paras. 576-

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