The use of the telematic control device as an alternative method to preventive detention is not yet accessible to the entire prison population that can opt for this measure, due to the costs involved in its use. Therefore, the defendants prefer to pay an economic bond, according to the director of the Institute of Public Criminal Defense (IDPP).
During a meeting between deputy José Chic, representatives of the Artesana Collective and the director of the IDPP, it was reported that since June 1, 2023, when the option of telematic control was enabled as one of the measures to unpack the prisons, Only 38 prisoners with the option of preventive detention use the device.
Using the telematic control device has a cost ofe Q1 thousand 500 monthly and Q50 monthly, which makes it difficult for all prisoners to access this benefit, according to Idonaldo Fuentes, director of the IDPP, who assured that they are working on strategies to increase its use.
The official stated that the lawyers of that institution have been trained so that they know the advantages of the mechanism. He also states that the Ministry of the Interior (Mingob) will present a project to the IDPP, which consists of training defenders at departmental and municipal headquarters. This project will allow tests to be carried out to verify if the devices can work in remote villages in the country.
Hard access
Fuentes cited as an example the case of a defendant who chose to use the device, although he might only afford it for three months, so the majority prefers to pay financial bail if the type of crime allows it.
“They prefer to pay Q5 thousand for a process that will last weeks, months or a year, and not paying 1,500 every month, It is for this reason that at a certain moment the users of the Institute choose to pay the financial guarantee,” he explained.
He added that the Mingob and the Judicial Branch will reactivate the socioeconomic studies of the prisoners for those who want and have the option to use the mechanism.
“Studies have been carried out through telematic control, where it was established that for the State, it is cheaper to pay 1,500 monthly for the use of the device, rather than having people in a detention center and covering food costs,” he said.
Andrea Barrios, representative of the Artesana Collective, indicates that they have received information that in women’s detention centers there are lists of those who can apply for telematic control, so they asked the Penitentiary System to carry out investigations so as not to confuse the inmates.
“We are concerned regarding this expectation that is generated and that can cause them to give up public defense, and then resuming the processes is complicated,” he stated.
According to the Criminal Procedure Code, no substitute measure can be granted for those who commit homicide, murder, parricide, rape, kidnapping, aggravated robbery, sabotage, crimes once morest property, among others.
Telematic control applies to crimes whose sentence does not exceed five years. Nor can it be imposed without the will of the defendant.
Premature
Corinne Dedik, an analyst in the Cien prison system, states that electronic anklets are a useful tool to have better control of the alternative measure, and although there is a lack of knowledge among judges, prosecutors and lawyers, it is “premature” to say that the system does not work and We must hope that those involved are informed and experience everything that this procedure entails.
“You have to give time, because a judge will rule as cases arise in which telematic control is considered appropriate,” he said.
According to analysis by Cien, in the penitentiary system there are 10 thousand inmates in preventive detention, of which two thousand might apply for telematic control due to the type of crime they face.
“If we do not count the people who are in prison for crimes that do not allow alternative measures, plus repeat offenders and another percentage that does not apply due to flight risk, we estimate that two or three thousand inmates can apply for the electronic anklet, but in the end “The judge is the one who decides,” says Dedik.
For the specialist, telematic control should also be applied to those who have already served more than half of their sentence and can enter a controlled release process, as well as in those cases of domestic violence and violence once morest women, as a protective measure to ensure that the aggressors do not approach the victim.
Among those who use telematic control is a prisoner who was granted the benefit because he suffers from a terminal illness.
Characteristics
The device that is placed on the ankles is waterproof, It weighs 68 grams and works via wireless charging. The ankle fixation straps have a fiber material with steel reinforcement, which makes it resistant to removing or cutting.
It is also hypoallergenic, which means that the material that is in contact with the skin will not cause any type of allergy.
The agreement that authorizes the use of telematic control establishes that if the convicted person does not have sufficient financial capacity to pay for the mechanism, The judge will order that the Ministry of the Interior cover the cost of the telematic control device.
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