Presumption of Innocence in Mexico Project Launches Studies on Pretrial Detention

42 percent of all people imprisoned in Mexico have never been convicted of any crime. This systematic overuse of pretrial detention is costly, harmful, and ineffective. It is also unjust.

To combat this problem, the Open Society Justice Initiative today launched a series of publications on pretrial justice in coordination with the Presumption of Innocence in Mexico Project. Together, the studies present compelling evidence for the need to curb the overuse of pretrial detention in Mexico and bolster reforms.

International human rights law establishes that pretrial detention should only be used under exceptional circumstances, when there is a real risk that the accused will flee, threaten the alleged victim, or violate the law. Even when permitted, pretrial detention is acceptable only for a limited time, and suspects have a right to a speedy trial that will resolve their status.

The Presumption of Innocence in Mexico Project is a joint effort of the Open Society Justice Initiative, Renace, Reintegra, and the Instituto para la Seguridad y la Democracia, AC (Insyde) to bring Mexico’s criminal justice system into line with these norms, and to challenge the damaging public attitudes that encourage excessive pretrial detention. 

Myths of Pretrial Detention in Mexico challenges the most common arguments—or myths—used to justify the excessive, inhumane, and irrational use of pretrial detention in Mexico.

Costly Confinement: the Direct and Indirect Costs of Pretrial Detention in Mexico demonstrates that the costs of pretrial detention in Mexico are painfully high—for the state and its citizens in general, and for detainees and their families in particular.

The Use of Pretrial Detention in Nuevo Leόn: A Quantitative Study provides empirical evidence for the overuse of pretrial detention in Mexico by closely examining case processing in the state of Nuevo León.

Finally, Managing Pretrial Release: Balancing the Presumption of Innocence with Public Safety considers how judges might best use the new leeway provided by recent reforms to handle cases more efficiently. This study discusses how best to manage the pretrial release/detention decision, focusing particularly on pretrial evaluation and supervision services as they have been used elsewhere in the Americas and might be applied in Mexico.

The August 26 launch event in Mexico City presented these publications and featured panel discussions with criminal justice experts, journalists, and people whose lives have been affected directly by pretrial detention.

The Presumption of Innocence in Mexico Project also launched its new Spanish-language website, which will serve as a hub for information-sharing and discussion on pretrial justice.

The Justice Initiative’s work on pretrial detention in Mexico is part of the Global Campaign for Pretrial Justice.