A/HRC/30/19 resort. However, international41 and regional42 bodies have expressed their concern over the increasing use of pretrial detention and its excessive length, noting its significant contribution to overcrowding,43 leading to a situation where, in some prisons, pretrial detainees constitute the majority of the population.44 12. It has also been reported that, in some States, overcrowding makes it difficult to monitor the implementation of each sentence. This infringes upon the right to personal liberty of those who have already served their sentences and are not promptly released.45 13. Concerns have also been expressed over practices of preventive custody46 and postconviction preventive detention47 employed by some States, which both infringe upon the right to liberty and contribute to the problem of overincarceration and overcrowding. 14. Authorities in charge of places of detention bear the duty of care towards detainees,48 a duty often neglected as — due to overcrowding — prison resources are overstretched and staffing levels are inadequate for the numbers of detainees. This leads to serious breaches of the right to security of detainees and instances where authorities fail to protect detainees from inter-prisoner violence.49 Due to overcrowding, tensions may also arise between the staff and detainees50 with a potential serious impact on discipline, 51 leading to rule by the most powerful detainees, 52 riots, disturbances and hunger strikes in protest to the conditions of detention.53 Furthermore, overcrowding in detention facilities may be so extreme that the authorities are unable to ensure the protection of detainees in case of such emergencies as floods and fire,54 which in turn may infringe upon their right to life.55 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 6 See A/HRC/19/57, para. 48; CAT/C/54/2, para. 76; and CCPR/C/TUR/CO/1, para. 17. See www.achpr.org/files/sessions/12th-eo/mission-reports/promotion_mission2012/mission_report_mauritania_cpta_eng.pdf, para. 38. See also Council of Europe document CPT/Inf (2014) 31, para. 56. See CAT/C/TGO/CO/2, para. 12, and CAT/OP/MLI/1, para. 29. See CAT/C/46/2, para. 52, and CAT/C/GTM/CO/5-6, para. 17. See CAT/C/RWA/CO/1, para. 19, and CAT/OP/PRY/1, para. 46. See A/HRC/27/48, paras. 78 and 79. See A/HRC/27/48, para. 75; A/HRC/4/25/Add.3, para. 7(f); and CAT/OP/BEN/1, para. 151. See Council of Europe document CPT/Inf (2015) 12, para. 54. See www.achpr.org/files/sessions/37th/mission-reports/prisons2004/misrep_specmec_priso_southafrica_2004_eng.pdf, p. 53, and Neptune v. Haiti, Inter-American Court of Human Rights Judgement (2008), para. 137; CPT/Inf (2015) 12, para. 106. See also Council of Europe document CPT/Inf (2014) 26, para. 110; CAT/C/BGR/CO/4-5, para. 23; CAT/C/GTM/CO/5-6, para. 18, CAT/C/MEX/CO.5-6, para. 19; CCPR/C/BOL/CO/3, para. 20; and CAT/OP/MEX/1, para. 178. See Council of Europe document CPT/Inf (2014) 31, para. 56; A/HRC/25/60/Add.1, para. 19; and CAT/OP/BEN/1, para. 210. See CAT/OP/MLI/1, para. 49. See CAT/OP/MEX/1, para. 166; CAT/C/BGR/CO/4-5, para. 23; and Council of Europe document CPT/Inf (2015) 12, para. 54. See CAT/C/BOL/CO/2, para. 18, and CAT/C/MAR/CO/4, para. 19. See Pacheco Teruel et al. v. Honduras, Inter-American Court of Human Rights Judgement (2012), para. 96. See also Council of Europe document CPT/Inf (2014) 26, para. 102, and CAT/OP/MEX/1, para. 176. See Pacheco Teruel et al. v. Honduras, Inter-American Court of Human Rights Judgement (2012), para. 66.

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