A/HRC/30/19 not expected to hold people beyond their capacities. Practices such as a legal prohibition on overcrowding202 should be considered favourably. D. Pretrial detention as a last resort 52. Since excessive recourse to pretrial detention is one of the major causes of overincarceration and overcrowding around the world,203 strict adherence to relevant international norms and standards will go a long way in addressing these phenomena. Pretrial detention should only be a measure of last resort.204 53. Furthermore, as stressed by the Human Rights Committee in its general comment No. 35, “[d]etention pending trial must be based on an individualized determination that it is reasonable and necessary taking into account all the circumstances, for such purposes as to prevent flight, interference with evidence or the recurrence of crime”.205 This means that pretrial detention should not be mandatory without regard to individual circumstances,206 a practice common in some States,207 and that alternatives to pretrial detention must be duly considered also when deciding upon continued pretrial detention. The time limits imposed for pretrial detention must be strictly observed.208 Moreover, if the length of time that the defendant has been detained for reaches the length of the longest sentence that could be imposed for the crimes charged, the defendant should be released. 209 E. Alternatives to custodial measures 54. Against the background of international standards on non-custodial measures,210 one of the key recommendations of international, 211 regional212 and national bodies213 regarding the reduction of overincarceration and overcrowding rates is to develop a policy to increase resort to non-custodial measures and to alternatives to custodial sentences. As stated by the European Committee for the Prevention of Torture, “a strategy for the sustainable reduction of the prison population should be put in place, which ensures that imprisonment is in 202 203 204 205 206 207 208 209 210 211 212 213 18 See www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/Germany.pdf. See CAT/C/54/2, para. 83. See articles 9 and 14 of the International Covenant on Civil and Political Rights. See also rules 6.1 and 6.2 of the United Nations Standard Minimum Rules for Non-Custodial Measures (The Tokyo Rules); CCPR/C/GC/35, para. 38; and A/HRC/19/57, para. 48. See CCPR/C/GC/35, para. 38. See CCPR/C/GC/35, para. 38. See CCPR/C/GC/35, para. 37. See www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/LICAMDH_Cameroon.pdf. See CCPR/C/GC/35, para. 38; CAT/OP/MLI/1, para. 30. See United Nations Standard Minimum Rules for Non-Custodial Measures (The Tokyo Rules), A/RES/45/110, annex; United Nations Rules for the Treatment of Women Prisoners and Noncustodial Measures for Women Offenders (the Bangkok Rules), A/RES/65/229, annex. See CAT/C/ARM/CO/3, para. 19; CAT/C/BLR/CO/4, para. 19; CAT/C/FIN/CO/5-6, para. 14; CAT/C/GTM/CO/5-6, para. 18; CAT/C/KEN/CO/2, para. 12; CAT/C/SYR/CO/1, para. 30; E/CN.4/2004/56, para. 49; CCPR/C/IND/CO/1, para. 21; CCPR/C/PHL/CO/4, para. 19. See Council of Europe document CPT/Inf (2015) 12, para. 44; www.achpr.org/files/sessions/37th/missionreports/ethiopia/misrep_specmec_priso_ethopia_2004_eng.pdf, p. 45. See www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/Serbia.pdf; www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/SUHAKAM_Malaysia.pdf.