Human Rights Watch: Excessive Pretrial Detention (Footnotes)

HUMAN RIGHTS WATCH PRISON PROJECT

FOOTNOTE

1. Article 7(5) and Article 8(1) of the American Convention on Human Rights protect these rights using nearly identical language, as does Article 5(3) and Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Article 7 of the African Charter on Human and Peoples' Rights, while it does not mention pretrial release, guarantees the defendant's right "to be tried within a reasonable time by an impartial court or tribunal."

Similarly, the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders established that:

(b)Pre-trial detention may be ordered only if there are reasonable grounds to believe that the persons concerned have been involved in the commission of the alleged offenses and there is a danger of their absconding or committing further serious offences, or a danger that the courts of justice will be seriously interfered with if they are left free;
(c)In considering whether pre-trial detention should be ordered, account should be taken of the circumstances of the individual case, in particular the nature and seriousness of the alleged offence, the strength of the evidence, the penalty likely to be incurred, and the conduct and personal and social circumstances of the person concerned, including his or her community ties;

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