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ORGANISATION OF AMERICAN STATES Second Meeting of Officials Responsible for Penitentiary and Prison Policies. Implementation of Preventive Detention Andy Barclay Projects Director, ICPS. Established in the School of Law in April 1997. ICPS Aims.
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Implementation of Preventive Detention
Projects Director, ICPS
Available as a download from http://www.kcl.ac.uk/law/research/icps
Source: World Prison Brief, International Centre for Prison Studies
Article 11 (1) of the Universal Declaration of Human Rights:
“Everyone charged with a penal offence has the right to be assumed innocent until proved guilty.”
i.e. all processes which affect pre-trial detainees should be shaped within the framework of “the presumption of innocence”.
Rule 6.1 of the UN Minimum Rules for Non-Custodial Measures:
“Pre Trial detention shall be used as means of last resort in criminal proceedings, with due regard for the investigation of the alleged offence and for the protection of society and the victim.”
Excessive Length of Pre-Trial Detention is a major problem in many jurisdictions, creating prison overcrowding, feelings of injustice, and tension with potential of disorder.
Standard Minimum Rules for the Treatment of Prisoners, Rule 84 (3):
“ ….these prisoners shall benefit by a special regime ….”
Standard Minimum Rules for the Treatment of Prisoners, Rules 86 – 91:
“…have their food procured at their own expense from the outside, either through the administration or through family or friends. Otherwise the administration shall provide food.”
“…allowed to wear own clothing…”
“…always offered the opportunity to work, but shall not be required to work. If he chooses to work, he shall be paid for it.”
“…shall be allowed to procure…books, newspapers, writing materials and other means of occupation …”
“…shall be allowed to be visited and treated by his own doctor or dentist …”
Pre-Trial Prisons should have as full and active a regime as a Prison for sentenced prisoners, if not better. (N.B. “Presumption of Innocence”).