A/HRC/30/19 to violations of their human rights, including detainees’ right to life134 as well as safety and security of their family members, who may become victims of extortion.135 Furthermore, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment has noted that, in severely overcrowded prisons, meaningful activities such as work, education and recreation are only made available to “a few privileged prisoners who ‘cooperate’ and/or pay the necessary corruption fees”. 136 III. The main causes of overincarceration and overcrowding 32. The main causes of overincarceration and overcrowding include deficiencies within the criminal justice system; excessive recourse to pretrial detention; absence and/or improper administration of alternatives to detention; specific sentencing policies; and lack of oversight over the places of detention. A. Deficiencies within the criminal justice system 33. The European Committee for the Prevention of Torture noted that it had encountered high incarceration rates and resultant severe prison overcrowding and argued that “the fact that a State locks up so many of its citizens cannot be convincingly explained away by a high crime rate; rather, the general outlook of members of the law enforcement agencies and the judiciary must, in part, be responsible”.137 An effective criminal justice system 138 with all actors — including the police, prosecution, defence lawyers and the judiciary — working efficiently and according to the rule of law and requirements under international human rights law is essential to ensure that the cases of persons who come in contact with this system are dealt with efficiently and in accordance with the law. In reality, however, criminal justice systems around the world encounter major challenges and shortcomings. 34. The so-called “zero tolerance polices” adopted in many States have led to a high increase in the number of arrests,139 even for minor offences such as drunkenness, crossing the railway, or shoplifting,140 and to people being held in custody for long periods.141 Moreover, some practices, such as police being rewarded for making arrests,142 and overbroad legislation, rules and regulations143 have reportedly led to arbitrary arrests. In turn, this situation has contributed significantly to overincarceration and overcrowding. 35. Following arrest, the efficiency with which authorities are able to deal with the case of each detainee is crucial to reducing overcrowding and overincarceration. Pretrial 134 135 136 137 138 139 140 141 142 143 12 See CAT/C/AUS/CO/4-5, para. 11. See CAT/C/MEX/CO/5-6, para. 19. See A/HRC/13/39/Add.5, para. 234. See Council of Europe document CPT/Inf/C (2002) 1 [Rev. 2015] Section: 7/86, para. 28. See A/HRC/25/60/Add.1, para. 84. See Council of Europe document CPT/Inf (2014) 13, para. 37; www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/ACLU.pdf; www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/CNDH_Mexico.pdf; and www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/PDDH_Nicaragua.pdf. See www.achpr.org/files/sessions/37th/mission-reports/prisons2004/misrep_specmec_priso_southafrica_2004_eng.pdf,chapter F(i). See A/HRC/19/57/Add.2, para. 38. See CAT/OP/MEX/1, para. 182. See CCPR/C/HND/CO/1, para. 13; Pacheco Teruel et al. v. Honduras, Inter-American Court of Human Rights Judgement (2012), para. 101; and www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/BCHR_BIRD_ADHRB.pdf.