Alternative measures to detention, a tool to combat organised crime
Organised in Montevideo, the conference defined ways in which the EL PAcCTO teams can continue to work with Latin American countries to strengthen alternative measures to the deprivation of liberty. Alternative measures to detention are a form of serving sentences that does not require imprisonment. They are granted by the sentencing court or by the institutions responsible for the completion of the sentence.
This conference closed with the adoption of a joint declaration between the various participants which calls for a more systematic use of alternative measures to prison.
The risks of prison overcrowding
A number of international studies stress that prison cannot be the only solution to combat crime. All over the world – and Latin America is no exception –, many countries are faced with prison overcrowding, which sometimes reaches alarming levels. Overpopulation not only violates the human dignity of persons deprived of liberty, it also prevents or complicates the implementation of social reintegration programmes, as well as the physical separation between dangerous inmates and petty criminals or first-time offenders.
Furthermore, prison often becomes a crime school, fostering the proliferation of criminal groups. Several criminal organisations, taking advantage of the weaknesses of systems caused by overcrowding, have formed and grown in the prison environment. They act inside and outside detention centres and threaten the safety of prisoners and society as a whole.
🔴(AHORA) Los relatores de los talleres de trabajo lanzan sus reflexiones sobre el coste político, social y económico de la privación de libertad y los beneficios de las #MedidasAlternativas pic.twitter.com/AE1Mg080cz
— EL PAcCTO (@ELPAcCTO) September 20, 2019
Alternative measures against organised crime
It is for these reasons that EL PAcCTO supports recourse to alternative measures to the deprivation of liberty. The programme considers that they are essential for relieving congestion in prison systems and focusing attention on the most dangerous persons deprived of liberty, who may potentially recruit new members in prisons. This is why these measures are also an essential tool in the fight against organised crime.
Review of alternative measures to prison in Latin America
In May 2018, in Panama, EL PAcCTO organised a first workshop to identify existing needs for the application of alternative measures to detention. The objective was to generate an interinstitutional work dynamic, which is considered to be crucial for achieving an effective implementation of these measures. This work resulted in the preparation of a Catalogue of alternative measures to the deprivation of liberty. This fundamental tool starts with an analysis of national legislations and ends with recommendations for it to be taken into account by countries.
Since then, 10 specific technical assistances missions have been deployed in 6 Latin American countries with the aim of advancing the implementation of the various forms of measure, while also promoting interinstitutional coordination between the stakeholders involved.
How do Latin American countries apply alternative measures to prison?Argentina: EL PAcCTO supports the increased use of electronic surveillance by applying a protocol of control procedures and developing specific alternative measures for drug addicts. The Ministry of Justice and Human Rights has requested the programme’s collaboration to raise the awareness of the population regarding the use of alternative measures and mobilise all the institutional actors. Brazil: The EL PAcCTO experts have assisted DEPEN with the development of the use of electronic measures and the promotion of a process to reintegrate persons deprived of liberty into society. Furthermore, Brazil has helped strengthen an interinstitutional work dynamic with specific recommendations aiming to promote the interinstitutional dialogue at federal level and coordination between the federal and national levels. Chile: Following a technical assistance mission organised in late 2018, with the objective of evaluating the application of alternative sentences, which produced recommendations in this respect, in 2019, EL PAcCTO helped Chile’s Ministry of Justice and Human Rights and Gendarmerie to define a protocol for the application of remote surveillance and propose guidelines to strengthen the implementation of the provision of services to the community. Costa Rica: The Ministry of Justice and Peace has benefited from support from the programme and has promoted the use of electronic surveillance for minor offences in order to counter overcrowding in prisons. The number of persons deprived of liberty (PDL) subject to this alternative measure has risen from just under 200 to over 1,300 (over 500%) in the last 18 months. The programme will continue to help Costa Rica increase the use and monitoring of electronic surveillance. Panama: EL PAcCTO has reviewed the measures implemented by the Institute of Interdisciplinary Studies (IEI), which comprise recommendations for the definition of how to implement alternative measures for adolescents and young people. Peru: To reduce prison overcrowding and ensure public safety, by avoiding crime schools, effective cooperation between INPE and the judiciary has been activated for the actual implementation of alternative measures. The next stages will be the signing of an implementation protocol to facilitate their action and ensure that these measures are used properly in the country. |
EL PAcCTO is a programme financed by the European Commission and implemented by Expertise France, and FIIAPP, with support from IILA and Camões. It covers the entire penal chain and mainly aims to combat organised transnational crime and strengthen institutions responsible for ensuring the security of citizens in 18 Latin American countries.
