A/HRC/30/19
practice the measure of last resort at all stages of the criminal justice system, from pretrial
to the execution of sentences”.214
55.
In order to render alternatives to detention effective, there must be a variety of
measures available at pretrial and conviction stage, such as affordable bail,215 automatic bail
for most offences,216 monetary fines, electronically monitored house arrest,217 community
service, juvenile punishment and supervision of paroles218 as well as remission or
commutation of sentences and parole or pardon system. 219 Eligibility criteria for all these
alternative measures should be reviewed so as to widen their scope of application.220 In
particular, it is crucial that alternatives to custodial measures are duly considered for such
groups as women, elderly, children and people with disabilities. 221
56.
However, alternatives to detention should not only be provided for in legislation, but
also implemented in practice.222 In order to ensure that there is support from the
prosecutorial services, the judiciary and the public, it is essential that the system of
alternatives to detention is run efficiently223 and is adequately resourced.
F.
Proportionate sentencing
57.
Proportionate sentencing is an essential requirement of an effective and fair criminal
justice system. This requires that custodial sentences are imposed as measures of last resort
and applied proportionately to meet a pressing societal need.224
58.
In order to meet the requirement of proportionality, States have been revising their
penal policies and legislation in order to reduce minimum and maximum penalties,225
decriminalize numerous categories of petty crimes and reduce criminal sanctions for
economic offences,226 thus contributing to reducing the total prison population.227 Equally,
reviewing sentencing policies to reduce or eliminate mandatory minimum sentences for
lesser, non-violent offences and to provide more reasonable sentencing guidelines in order
to reduce excessively lengthy sentences also has had a positive effect upon the reduction of
overincarceration and overcrowding. 228 Appropriate action, including training, should be
taken vis-à-vis the prosecutorial and judicial authorities with a view to eliminating
unnecessary recourse to pretrial custody and modifying the sentencing practices. 229 Special
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
See Council of Europe document CPT/Inf (2014) 31, para. 56. See also CAT/OP/NZL/1, para. 33.
See www.achpr.org/files/sessions/52nd/inter-act-reps/185/activty_report_prisons_eng.pdf, p. 22.
See Council of Europe document CPT/Inf(2014) 15, para. 98.
See www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/Germany.pdf.
See www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/OPO_Finland.pdf.
See A/HRC/25/60/Add.1, para. 99.
See A/HRC/25/60/Add.1, para. 99.
See CRC/C/AZE/CO/3-4, para. 75; A/HRC/22/53/Add.2, para. 92; A/HRC/28/68, para. 39; and
www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/QUNO.pdf.
See www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/CNDH_Mexico.pdf.
See www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/NCHR_Slovakia.pdf.
See E/CN.4/2006/7, para. 63, and CAT/OP/MDV/1, para. 220.
See CAT/C/MDA/CO/2, para. 18.
See Council of Europe document CPT/Inf (2014) 15, para. 98.
See www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/RussianFederation.pdf, and
www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/Kazakhstan.pdf.
See A/HRC/25/60/Add.1, para. 84.
See A/HRC/25/60/Add.1, para. 99, and Council of Europe document CPT/Inf (2015) 12, para. 44. See
also www.achpr.org/files/sessions/37th/mission-reports/prisons2004/misrep_specmec_priso_southafrica_2004_eng.pdf, para. F(i).
19
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