Rights campaign titled: “Pretrial Detention… an Exception, Not a Punishment”

Why is pretrial detention a loathsome measure?

1. Violation of the presumption of innocence

Prolonged pretrial detention conflicts with the fundamental legal principle that states that “the accused is innocent until proven guilty,” as a person whose guilt has not been established may be treated like a convicted prisoner.

2. Turning it into advance punishment

In practice, pretrial detention may result in a deprivation-of-liberty penalty being carried out against a person who has not yet received a final judicial ruling. The case may end in acquittal after the individual has spent months or years behind bars.

3. Psychological, social, and economic harms

The effects of pretrial detention are not limited to the detainee alone; they extend to their family as well. The detainee may face severe psychological and social pressures, and may lose their job and source of income. Meanwhile, the family bears material and moral burdens, in addition to the social stigma that may continue to cling to them even if an acquittal decision is issued.

4. Arbitrary extension of its duration

Pretrial detention is, in essence, a precautionary measure required by specific circumstances, such as preventing flight or interfering with the course of the investigation. However, expanding the practice of renewing it and prolonging it may turn it from an exceptional, temporary measure into a means of pressure and actual punishment before a verdict is issued.

#Pretrial_Detention

#AlShehab_Center_for_Human_Rights