Presumption of Guilt The Global Overuse of Pretrial Detention Presumption of Guilt: The Global Overuse of Pretrial Detention Copyright © 2014 Open Society Foundations. This publication is available as a pdf on the Open Society Foundations website under a Creative Commons license that allows copying and distributing the publication, only in its entirety, as long as it is attributed to the Open Society Foundations and used for noncommercial educational or public policy purposes. Photographs may not be used separately from the publication. ISBN: 978-1-936133-84-0 PUBLISHED BY: Open Society Foundations 224 West 57th Street New York, New York 10019 USA www.OpenSocietyFoundations.org FOR MORE INFORMation contact: Martin Schönteich Senior Legal Officer Criminal Justice Program
[email protected] Design and layout by John Emerson, backspace.com and Heather Van De Mark, heathervandemark.com Printed by GHP Media, Inc. Cover photo © Benedicte Kurzen/NOOR for the Open Society Foundations Table of Contents Acknowledgments i Executive Summary & Recommendations 1 Introduction 7 The Scope of Pretrial Detention Around the World: Its Extent and Cost 11 Introduction 11 The Extent of Pretrial Detention 15 The Cost of Pretrial Detention 28 Conclusion 31 Who Are the World’s Pretrial Detainees? 33 Introduction 33 The Poor 33 Marginalized Minorities and Non-Citizens 49 The Mentally Ill and Intellectually Disabled 51 Low-Risk Defendants, Persons Accused of Minor Offenses, and the Innocent 53 Conclusion 55 Circumstances of Detention and