111
Excesses must be avoided; the use of these two criminal law
391
institutions must be reduced to instances in which it is necessary.
295.
In short, the Commission considers that the non-exceptional and
prolonged use of pretrial detention has a direct impact on the increase of the prison
population and therefore also in overcrowding and prison facility management.
Accordingly, it is a symptomatic and troubling fact that a significant percentage,
sometimes a majority, of the prison population is made up of persons in pretrial
detention, which should be addressed with the greatest attention and seriousness by
the respective States. In this regard, it is important to document and examine the
impact of excessive use of pretrial detention on the prison system, and to adopt the
necessary measures to rationalize the increase of inmates in detention facilities. All
planning and implementation of prison management policies should take into account
392
the steady increase in the number of persons deprived of liberty.
391
Constitutional Court of Colombia, Judgment T-153/98 of April 28, 1998 (MP. Eduardo Cifuentes
Muñoz), paras. 60 and 61.
392
IACHR, Truth, Justice and Reparation: Fourth Report on the Human Rights Situation in Colombia,
2013, Ch. VI(G).
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