A/HRC/28/29 B. Pretrial detention and the need for alternatives to detention 31. Several delegations expressed their concern at the excessive and unjust use of pretrial detention, including administrative detention, and pointed out that torture and illtreatment are often a feature of the first hours of detention. They also stressed the need to respect the right to prompt access to a lawyer and the universal prohibition of incommunicado detention. The Chairperson of the Human Rights Committee raised concerns regarding the lack of limitations on the amount of time that persons can be held before being brought before a judge. In this regard, he recalled that 24 to 48 hours are generally established as the default period internationally. 32. Mr. Schöntiech emphasized the fact that raw data show important discrepancies between States, sometimes even in the same region. The most crucial variables were political will, and how it translated into the bureaucratic day-to-day routine of law enforcement and judicial officials. Several delegations stressed the need for better data, in particular on the extent to which alternative mechanisms are actually used in the criminal justice system and on the number of people awaiting trial or who commit crimes while awaiting trial. Concurring with Mr. Schöntiech, Ms. Jaber emphasized the need to identify gaps, and suggested that the Human Rights Council should look more closely at them. 33. Pretrial detention was regarded as inextricably intertwined with the issue of overcrowding. Several delegations and panellists stressed that often, more than half of all prisoners are in pretrial detention, which contributed to overcrowding and its dramatic consequences. Mr. Schöntiech also stated that pretrial detention could influence judges and prosecutors to favour custodial sentences, given that there was empirical evidence that pretrial detainees are at a greater risk of being incarcerated once convicted. 34. Some delegations shared success stories regarding the reduction of pretrial detention. For instance, in some States, the use of diversion and community-based conflict resolution mechanisms had reduced the number of persons held in pretrial detention. In other States, pretrial evaluation services had contributed to a reduction in the number of pretrial detainees. In the African region, the increasing use of paralegals had contributed to a reduction in pretrial detention and detention in general. Paralegals filled the legal assistance gap created by an insufficient number of practising lawyers, or by the fact that lawyers’ fees were too high. Paralegals provided legal guidance, made requests for alternatives to pretrial detention and alerted families so that they could pay bond. The system of paralegals was being increasingly used in Asia. C. Overcrowding and overincarceration 35. Some participants made the point that there is a chain reaction between incarceration, overcrowding and poor conditions of detention. Excessive use of custodial measures inevitably leads to overcrowding, which in turn contributes to very poor conditions of detention. Many delegations deplored the widespread incidence of overcrowding, and acknowledged it as a global issue. Penal Reform International noted that 117 out of 203 jurisdictions for which data had been collected had prison occupancy rates exceeding 100 per cent. 36. Overcrowding generated substandard and sometimes inhumane conditions of detention, and put frontline staff in a position where they could no longer ensure security in places of detention. The representative of ICRC pointed out that overcrowding compromised the capacity of administrative authorities to fulfil basic needs, in particular those related to living conditions, legal aid, health care and family visits. The delegation from UNAIDS stressed that the health of persons in prisons has an impact on public health. 9