Manuel Rogerio Vásquez Ruiz
DOI: 10.59427/rcli/2023/v23cs.4211-4219
This study examines the presumption of innocence and its violation in the context of preventive detention in Peru. Significant deficiencies were identified in the implementation of norms regarding preventive detention, negatively affecting detainees’ rights. Preventive detention is disproportionately applied and often without adequate justification, primarily impacting low-income individuals. Detention conditions are poor, including overcrowding and lack of basic services. The excessive duration of judicial processes exacerbates the situation, prolonging detention without sentencing. Additionally, there are deficiencies in judicial training and supervision, contributing to the inadequate application of preventive detention. The need to implement legislative and practical reforms to ensure the proportionality and justification of preventive detention, improve detention conditions, and guarantee an efficient and fair judicial process is highlighted. Comparisons with other countries underscore the importance of adopting similar measures to protect the dignity and human rights of the accused.
Pág 4211-4219, 31 Dec
