Americans unjustly deprived of their liberty abroad and their families back home face a complex web of legal uncertainty and no clear advocate or resource to support them. Governments worldwide and the international community have all agreed that basic human rights must be given to pretrial detainees. Governments must always preserve the human rights of individuals in pretrial detention. Detainees must not be treated like convicted criminals. They have the right to liberty and to be free of arbitrary arrest and detention. They have the inherent right to dignity of the human person. They have the right to a speedy trial and an effective remedy. They have the right to be treated humanely and may never be subjected to torture. They have the right to challenge unlawful detention and prison conditions. They have the right to be informed of their charges. They have the right to release if not tried within a reasonable time.
Number of People in Pretrial Detention
Percent of Prisoners in Pretrial Detention
Pretrial Rights International
INNOCENT UNTIL PROVEN GUILTY. HUMAN RIGHTS FOR THE ACCUSED.
PRETRIAL DETENTION: A Malady of Human Rights
Without respecting fundamental rights , pretrial detention can tear into humanity. What’s the impact?
- Harsh punishment of accused persons without any criminal conviction
- Prison overcrowding
- Co-mingling of convicted criminals and innocents
- Spreading of disease, especially tuberculosis, hepatitis, and HIV
- Leads to depression, suicide, and self-harm
- Loss of career while awaiting trial
- Family separations
- Physical, sexual, and psychological abuse in prison
- Invites increased crime and learned criminal and defensive behaviors
- Failed due process
- Inability to prepare adequate criminal defense
- Lack of access to legal resources and counsel
- Long-term post traumatic stress disorder