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Indeed, imprisonment implies severe restrictions.
I do not question their
relevance. I leave this question outside the scope of my present considerations.
However, it is important to take into account that said restrictions have their
limits: beyond which, they become - as has effectively occurred - cruel, inhuman
or degrading treatment. As well, it is necessary to distinguish between a regime
of deprivation (precautionary or provisional) of liberty corresponding to a person
not yet convicted and a convicted criminal. The former, in whose favour there
exists a presumption of innocence, which must be reflected in the detention
conditions, where the deprivation of liberty, while their case is processed is
considered indispensable.
Sergio García-Ramírez
Judge
Manuel E. Ventura-Robles
Secretary
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