A/HRC/30/19 IV. Addressing overincarceration and overcrowding and their human rights implications A. Need for a proactive and holistic approach 44. Overincarceration and overcrowding cannot be tackled overnight, and the complexity of these phenomena requires a combination of legislative, administrative, political and economic measures, including a comprehensive policy and an action plan to implement it. This view is shared by national institutions,183 regional mechanisms184 and international bodies.185 Both regional and international bodies have pointed out that, while measures such as the construction of new and the renovation of existing detention facilities may provide an immediate, short-term relief to the overcrowding problem, they have not been found to constitute an effective and lasting solution.186 45. As stated by the European Committee for the Prevention of Torture, the only viable way to control overcrowding is to adopt policies designed to limit or moderate the number of persons sent to prison.187 In order to achieve this, the Committee argues in favour of a more concerted, holistic and proactive approach, based on wide-ranging discussions involving all relevant parties, including parliamentarians, prosecutors, judges and representatives of monitoring bodies.188 B. Right to challenge detention, assistance by legal counsel and access to legal aid 46. The Working Group on Arbitrary Detention, in its Draft Basic Principles and Guidelines on remedies and procedures on the right of anyone deprived of their liberty to bring proceedings before a court, has stated that the right to challenge detention is a judicial remedy designed to protect personal freedom and physical integrity and that it is a nonderogable right.189 47. The right to challenge detention is an important tool for addressing the problem of overcrowding given accounts of individuals being detained illegally, or when the pretrial detention limits are not respected or indeed prisoners are not promptly released after serving their sentence.190 In order to make this right effective, every detainee must be able to take proceedings before an independent court, without substantial delay,191 and to appear before the court in person. Furthermore, the burden of establishing the legal basis, as well 183 184 185 186 187 188 189 190 191 16 See www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/NCHR_Greece.pdf. See Neptune v. Haiti, Inter-American Court of Human Rights Judgement (2008), para. 183, and Council of Europe document CPT/Inf (2014) 31, para. 56; www.achpr.org/files/sessions/52nd/interact-reps/185/activty_report_prisons_eng.pdf, p. 22. See S/2015/157, para. 26; A/HRC/25/71, paras. 41-42; CAT/OP/BEN/1, para. 158; CAT/OP/ARG/1, para. 59; www.ohchr.org/Documents/Issues/RuleOfLaw/OverIncarceration/UNODC.pdf. See www.achpr.org/files/sessions/37th/mission-reports/prisons2004/misrep_specmec_priso_southafrica_2004_eng.pdf, p. 64; CPT/Inf (2013) 35, para. 8; CPT/Inf (2014) 31, para. 35; CAT/C/IRL/CO/1, para. 11; CCPR/C/BIH/CO/2, para. 11; A/HRC/25/60/Add.1, para. 84; CCPR/C/URY/CO/3, para. 9; CAT/OP/MDV/1, para. 220. See Council of Europe document CPT/Inf (2014) 13, para. 39. See ibid., and www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/OSJI.pdf. See A/HRC/30/37, para. 2, and Principle 4. See CCPR/C/TUR/CO/1, para. 17, and www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/QUNO.pdf. See A/HRC/27/47, para. 16.