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all actors of the absolute prohibition of torture and ill-treatment and
advised all monitoring bodies to “take every precaution to observe the ‘do
no harm’ principle, in particular when dealing with older persons, and
persons with pre-existing medical conditions”. Regarding the specific use
of solitary confinement, the CPT states in principle 8 that “in cases of
isolation or placement in quarantine of a detained person who is infected
or is suspected of being infected by the SARS-CoV-2 virus, the person
concerned should be provided with meaningful human contact every day”.
More recently, in a Follow-up statement137, the Council for Penological
Co-operation Working Group pointed out that because of the negative
impact of solitary confinement “such confinement for sanitary and safety
reasons should be coupled with counterbalancing activities, such as
increased number of free-of-charge phone calls, books and other reading
material, TV and other media, in-cell educational, training and recreational
activities and others. Such periods of solitary confinement should be
ended immediately with the end of the reason for their imposition”.
4.2. Preparation of the visit
Specific monitoring of solitary confinement requires the widest possible
collection of information prior to the visit. For some NPMs, preliminary
data analysis is easier than for others. The Italian NPM for example, has
direct access to the centralized system of the penitentiary administration
where data from all the penitentiary institutes are centrally recorded. Thus
for this NPM it is easy to examine the number of disciplinary measures
currently in progress and those issued in the past, their duration and
the internal placement of prisoners (i.e. the type of regimes and sections
and the number of people accommodated within them), the number of
critical events that occurred before the visit and their type. When NPMs
do not have direct access to these data, they can request them. This is
usually the case for the French NPM, which requests them by email prior
to the visit. The Danish NPM in the weeks before each visit, requires the
pandemic, 20 March 2020, available at: https://rm.coe.int/16809cfa4b
In July the CPT issued a Follow-up statement regarding the situation of persons deprived of their liberty in
the context of the ongoing COVID-19 pandemic, available here: https://rm.coe.int/16809ef566
137. Council for Penological Co-operation Working Group, Follow-up Covid-19 related statement by the
Council for Penological Co-operation Working Group, 14 October 2020, available at: https://rm.coe.int/
pc-cp-2020-10-e-rev-follow-up-to-pc-cp-wg-statement-covid-19/16809ff484
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