Prevalence of Pre-Trial Detention Without Sentences
In 2024, it was observed that two out of every five individuals incarcerated in Mexican prisons (both federal and state) remained without a sentence determining their guilt. A total of 236,773 people were in prison, with 85,547 under pre-trial detention.
The situation of pre-trial detention is particularly severe for women. According to the National Prison Systems Census by INEGI, while 35.7% of male prisoners lack a sentence, this figure rises to 46.3% for women.
Most people without a sentence have spent at least one year or more awaiting their legal resolution. For instance, 43.6% of women and 42.5% of men without a sentence have been held for over a year.
What is Pre-Trial Detention?
Pre-trial detention is a preventive measure that involves incarcerating an individual accused of a crime while the legal process is ongoing, leading to trial and eventual determination of guilt or innocence.
In Mexico, pre-trial detention can be either automatic (for certain “serious” crimes) or justified, which requires a more comprehensive case analysis by competent authorities.
INEGI’s data showed that, as of 2024, only 38% of those detained without a sentence were under justified status. Meanwhile, nearly half (47%) were held under automatic pre-trial detention status. In 13% of cases, the legal status of pre-trial detention was not identified, and in 2% of cases, “other legal status” was cited.
Overcrowding in Mexican Prisons
Mexican prisons have 103 inmates for every 100 available spaces.
By the end of 2024, the national penitentiary infrastructure consisted of 325 facilities, including state, federal, specialized, or juvenile detention centers. These centers have a total capacity to accommodate 230,168 individuals, meaning there are 6,605 more inmates than the available spaces.
The data also indicates that state prisons have a significantly higher occupancy rate than federal ones.
Breaking down the data by state, the State of Mexico and Nayarit have the highest levels of overcrowding, with a rate of 239 inmates for every 100 available spaces.
This implies significant risks regarding decent conditions within prisons: overcrowding, scarcity of resources and spaces for hygiene, health, or nutrition, as well as internal conflicts and violence.
The overloading of the Mexican penitentiary system is a phenomenon that triggers a chain reaction of human rights violations, institutional violence, or lack of protection.
Key Questions and Answers
- What is pre-trial detention? It’s a legal measure that holds an accused individual in custody while their case is being processed, awaiting trial.
- Why is pre-trial detention a concern in Mexico? In 2024, nearly half (46.3%) of female prisoners and over a third (35.7%) of male prisoners lacked sentencing, indicating a significant issue with the legal process.
- What is causing overcrowding in Mexican prisons? There are 103 inmates for every 100 available spaces, with state prisons being significantly more overcrowded than federal ones.
- What risks does overcrowding pose? Overcrowding leads to hazardous conditions, including lack of resources for hygiene, health, and nutrition, as well as increased risks of internal conflicts and violence.
