CAT/C/70/2
within the framework of the Optional Protocol for all those responsible for, and undertaking
preventive visits to, places of deprivation of liberty.
7.
The Subcommittee would emphasize that while the manner in which preventive
visiting is conducted will almost certainly be affected by necessary measures taken in the
interests of public health, this does not mean that preventive visiting should cease. On the
contrary, the potential exposure to the risk of ill-treatment faced by those in places of
detention may be heightened as a consequence of such public health measures taken. The
Subcommittee considers that national preventive mechanisms should continue to undertake
visits of a preventive nature, respecting necessary limitations on the manner in which their
visits are undertaken. It is particularly important at this time that national preventive
mechanisms ensure that effective measures are taken to reduce the possibility of detainees
suffering forms of inhuman and degrading treatment as a result of the very real pressures that
detention systems and those responsible for them now face.
II. Measures to be taken by authorities concerning all places of
deprivation of liberty, including detention facilities,
immigration detention centres, closed refugee camps,
psychiatric hospitals and other medical settings
8.
It is axiomatic that the State is responsible for the health care of those whom it holds
in custody, and that it has a duty of care to its staff and personnel working in detention
facilities, including health-care staff. As set out in rule 24 of the United Nations Standard
Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), prisoners should
enjoy the same standards of health care that are available in the community, and should have
access to necessary health-care services free of charge without discrimination on the grounds
of their legal status.
9.
Given the heightened risk of contagion among those in custodial and other detention
settings, the Subcommittee urges all States to:
(a)
Conduct urgent assessments to identify those individuals most at risk within
the detained populations, taking account of all particular vulnerable groups;
(b)
Reduce prison populations and other detention populations, wherever possible,
by implementing schemes of early, provisional or temporary release for those detainees for
whom it is safe to do so, taking full account of the non-custodial measures indicated, as
provided for in the United Nations Standard Minimum Rules for Non-custodial Measures
(the Tokyo Rules);
(c)
Place particular emphasis on places of detention where occupancy exceeds the
official capacity, and where the official capacity is based on a calculation of square metreage
per person that does not permit social distancing in accordance with the standard guidance
given to the general population as a whole;
(d)
Review all cases of pretrial detention in order to determine whether it is strictly
necessary in the light of the prevailing public health emergency and to extend the use of bail
for all but the most serious of cases;
(e)
Review the use of immigration detention centres and closed refugee camps
with a view to reducing their populations to the lowest possible level;
(f)
Consider that release from detention should be subject to screening in order to
ensure that appropriate measures are put in place for those who are either positive for
COVID-19 virus or are particularly vulnerable to infection;
(g)
Ensure that any restrictions on existing regimes are minimized, proportionate
to the nature of the health emergency, and in accordance with law;
coronavirus disease (COVID-19) pandemic”, CPT/Inf(2020)13, 20 March 2020. Available at
https://rm.coe.int/16809cfa4b.
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