A/HRC/30/19
detention is often prolonged owing to inadequate police investigations, lost case files and a
shortage of judges. In many States, there are huge backlogs of cases, especially involving
pretrial detention, and an urgent need to increase judicial capacity to deal with these. 144
Furthermore, owing to lack of resources and trained officers, alternative measures and
parole systems are not implemented.145 The efficiency of the criminal justice system is also
negatively impacted by inappropriate communication systems between prosecutors, public
defenders and judges.146 These deficiencies within the criminal justice system also mean
that the status of those in detention is not reviewed at regular intervals.147 Furthermore,
many States lack comprehensive and well-resourced legal aid programmes.
36.
Moreover, many individuals remain in detention owing to the absence of centralized
registers and the lack of an effective system to monitor the length of pretrial detention or
progress in the implementation of sentencing.148 In the absence of such registers, and with
poor communication between criminal justice actors,149 authorities simply lack accurate
knowledge about who is due to be released. This not only prolongs pretrial detention but
also keeps those who have already completed their sentence in custody, thereby
contributing to overcrowding. 150
B.
Excessive recourse to pretrial detention
37.
The Subcommittee on Prevention of Torture has stated that the excessive use and
length of pretrial detention is a major cause of overcrowding, 151 and that the overuse and
misuse of pretrial detention needs to be tackled as a matter of priority.152 Other
international153 and regional154 bodies have also reported an excessive recourse to pretrial
detention, a measure that should only be a last resort and subject to certain conditions,155
but that in practice is often applied even to such minor cases as theft of a mobile
telephone,156 a pen or a chicken.157 In some countries, pretrial detainees reportedly
144
145
146
147
148
149
150
151
152
153
154
155
156
157
See CAT/C/KEN/CO/2, para. 15; CAT/C/TGO/CO/2, para. 12; A/HRC/19/57, para. 36;
A/HRC/25/71, paras. 34 and 41; and www.achpr.org/files/sessions/37th/missionreports/ethiopia/misrep_specmec_priso_ethopia_2004_eng.pdf, p. 52.
See A/HRC/25/60/Add.1, paras. 84, 99; and
www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/PDH_Guatemala.pdf.
See CAT/OP/HND/1, para. 184; CAT/OP/PRY/2, para. 33.
See CAT/OP/BEN/1, para. 160; CAT/OP/HND/1, para. 184.
See Montero-Aranguren v. Venezuela, Inter-American Court of Human Rights Judgement (2006),
para. 60(9); CAT/C/KHM/CO/2, para. 19.
See CAT/OP/PRY/2, para. 33; CAT/OP/HND/1, para. 184.
See CAT/C/RWA/CO/1, para. 19; CAT/OP/BEN/1, para. 161; CAT/OP/PRY/1, para. 46.
See CAT/C/54/2, para. 77; and
www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/CNCPPDH_Algeria.pdf.
See CAT/C/46/2, para. 52, and CAT/C/54/2, para. 83.
See CAT/C/TGO/CO/2, para. 12; A/HRC/25/60/Add.1, para. 84; E/CN.4/2004/56, para. 49;
A/HRC/19/57, para. 48; and CCPR/C/TUR/CO/1, para. 17.
See www.achpr.org/files/sessions/37th/missionreports/ethiopia/misrep_specmec_priso_ethopia_2004_eng.pdf, p. 24;
www.achpr.org/files/sessions/37th/mission-reports/prisons2004/misrep_specmec_priso_southafrica_2004_eng.pdf, Chapter F; Council of Europe document
CPT/Inf (2014) 15, para. 126; and CPT/Inf/C (2002) 1 [Rev. 2015] Section: 7/86, para. 28.
See CAT/C/54/2, para. 84, and Council of Europe document CPT/Inf (2014) 31, para. 56.
See CAT/OP/MLI/1, para. 29.
See www.achpr.org/files/sessions/52nd/inter-act-reps/185/activty_report_prisons_eng.pdf, p. 10.
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