Twenty-five per cent of the individuals kept in prison in Europe today are in pre-trial detention, “detained on remand”. They have not been tried at all or are waiting for the review of an earlier sentence. As their guilt is not established, they are in principle to be regarded as innocent, says Thomas Hammarberg, Council of Europe Commissioner for Human Rights in his latest Human Rights Comment published on 18 August.

The only justification for locking them up could be to ensure effective investigation - secure all available evidence, prevent collusion and interference with witnesses - or to ensure that they do not abscond.