A/HRC/30/19 beginning to experience the combined effects of habitual offender laws, generally increased minimum sentences with less discretion available to judges in each individual case, and post-conviction preventive detention”,170 which leads to overincarceration and overcrowding. 42. The following phenomena have been reported as factors contributing to overincarceration and overcrowding: the failure to include time served on custodial remand in sentence calculation;171 the application of mandatory sentences especially for minor, nonviolent crimes172 and severe penalties for drug-related offences;173 the imposition of excessively lengthy prison sentences, especially life sentences,174 contrary to the principle of proportionality;175 the absence of reasonable sentencing guidelines that would permit the reduction of excessively lengthy sentences;176 the lack of discretion for judges when sentencing, which prevents them from taking into consideration the individual circumstances of the detainee and the case;177 a great limitation to the remission of sentences;178 and ambiguities in the legislation that lead to unnecessary detention.179 E. Lack of oversight of places of detention 43. Lack of oversight of places of detention is also a factor contributing to overincarceration and overcrowding. There are reports of improper record keeping in places of detention even to the extent that authorities do not know the exact number of detainees held at any given time or their status,180 and are unaware of their living conditions. At times, beds are so close together that, at full capacity or even at somewhat below capacity, living conditions would still be extremely precarious.181 Owing to infrequent or absent visits to places of detention, prosecutors and/or the judiciary182 lack proper understanding of the levels of overcrowding and consequences of overincarceration. They are therefore unable to take this factor into consideration when making decisions regarding detention, sentencing or release. 170 171 172 173 174 175 176 177 178 179 180 181 182 See A/HRC/27/48, para. 73. See CAT/OP/MDV/1, para. 220. See A/HRC/25/60/Add.1, para. 99, and www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/PRI.pdf. See A/HRC/10/44, para. 55, and www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/ACLU.pdf. See www.achpr.org/files/sessions/37th/mission-reports/prisons2004/misrep_specmec_priso_southafrica_2004_eng.pdf, Chapter F(i), and www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/PRI.pdf. See CAT/OP/MDV/1, para. 220. See A/HRC/25/60/Add.1, para. 99. See A/HRC/27/48, para. 73. See A/HRC/25/60/Add.1, para. 84. See Pacheco Teruel et al. v. Honduras, Inter-American Court of Human Rights Judgement (2012), para. 105. See A/HRC/22/53/Add.2, para. 46, and CAT/OP/BEN/1, para. 161. See A/HRC/25/60/Add.1, para. 40. See CAT/OP/MLI/1, para. 29. 15