The presumption of innocence in the face of pre-trial detention in a state of unconstitutional prison conditions

Abstract

The present article of reflection states that the principle of the constitutional status of the presumption of innocence is violated when accused persons are mixed with convicted persons in prison establishments. This circumstance was clarified in our country with the first sentence of the Constitutional Court, which declared the state of unconstitutionality in the penitentiary, and prison system, which translates into a massive and systematic violation of the fundamental rights of persons deprived of their liberty without a conviction having been handed down against them.