Prison overcrowding and ill-treatment: sentence reduction as a reparation measure. A view from Latin America and Europe.

Abstract

The article addresses the issue of prison overcrowding and how it can be tantamount to ill-treatment or torture under international law. Faced with such a broad phenomenon, the piece focuses on two elements that may help to assess this circumstance: the existence of a minimum standard with respect to living space, and the use of tools to establish the existence of harm caused by inhuman conditions of incarceration. The article will show novel jurisprudence of some Courts to secure reparation for victims (early release and reduction of sentence time as offsetting) and will address discussion on the scope and limitations of these decisions with the aim of proposing even more courageous measures to ensure group and generalised reparation measures to reduce the rates of structural institutional violence in prisons.