A/HRC/30/19 constitute the majority of the prison population,158 and over 90 per cent of detainees in some settings.159 C. Absence and/or improper administration of alternatives to detention 38. According to the Special Rapporteur on Prisons and Conditions of Detention of the African Commission on Human and Peoples’ Rights, the “increase in prison population cannot alone be attributed to higher rates in crime. Simply put, in most jurisdictions, there is the belief that prison is preferable to any alternative; thus, the punitive element that characterizes this sanction remains the cornerstone of modern day correctional and penal systems. In spite of the proven efficiency and effectiveness of non-custodial alternatives, harsher penalties in the form of longer prison sentences continue to be imposed”.160 39. This view is shared by other international161 and regional162 bodies who point to the absence of alternatives to detention or shortcomings in their implementation as a significant contributor to overincarceration and overcrowding. Further contributing factors are the unavailability, dysfunctionality or excessively onerous conditions of bail;163 the ineffectiveness of the probation service and little recourse to parole;164 the absence of or a poorly functioning system of alternatives to detention, including community service,165 electronic supervision and house arrest; 166 and the reluctance of prosecutorial and judicial authorities to employ non-custodial sentences,167 or the lack of their availability to the judiciary, especially in less serious cases, and lack of encouragement to use those options.168 D. Sentencing policies 40. The policies that a State puts in place in response to crime have direct implications for the number of detainees and the length of time that they spend in detention. So-called “zero tolerance policies” have increased the number of criminal convictions with custodial sentences and — coupled with the low acquittal rate and common use of detention — have led to overcrowding in prisons.169 41. As stated by the Working Group on Arbitrary Detention, “[m]any countries have seen an increasingly rapid rate of legislative response to criminal acts, and are now 158 159 160 161 162 163 164 165 166 167 168 169 14 See CAT/C/TGO/CO/2, para. 12, and www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/OSJI.pdf. See A/HRC/25/71, para. 33. See www.achpr.org/files/sessions/37th/mission-reports/prisons2004/misrep_specmec_priso_southafrica_2004_eng.pdf, p. 2. See CAT/OP/BRA/1, para. 96; CCPR/C/AGO/CO/1, para. 19; A/HRC/25/60/Add.1, para. 84; and CAT/C/KHM/CO/2, para. 19. See Council of Europe document CPT/Inf (2014) 29, para. 33. See CAT/OP/MDV/1, para. 169; CAT/C/KEN/CO/2, para. 15; and www.achpr.org/files/sessions/37th/missionreports/ethiopia/misrep_specmec_priso_ethopia_2004_eng.pdf, p. 52. See CCPR/C/AGO/CO/1, para. 19; A/HRC/25/60/Add.1, para. 84; and Council of Europe document CPT/Inf (2014) 18, para. 35. See www.achpr.org/files/sessions/37th/mission-reports/prisons2004/misrep_specmec_priso_southafrica_2004_eng.pdf, Chapter F(i). See CPT/Inf (2014) 29, para. 33. See CPT/Inf (2014) 18, para. 35. See CPT/Inf (2014) 21, para. 42. See A/HRC/19/57/Add.2, para. 38.