CAT/C/70/2
(d)
Communication with families and friends through appropriate means should
be encouraged and facilitated;
(e)
Since quarantine facilities are a de facto form of deprivation of liberty, all those
so held should be able to benefit from the fundamental safeguards against ill-treatment,
including information of the reasons for their being quarantined, the right of access to
independent medical advice, the right to legal assistance and the right to ensure that third
parties are notified of their being in quarantine, in a manner consonant with their status and
situation;
(f)
All appropriate measures must be taken to ensure that those who are, or have
been, in quarantine do not suffer from any form of marginalization or discrimination,
including once they have returned to the community;
(g)
Appropriate psychological support should be available for those who need it,
both during and after their period of quarantine.
IV. Measures to be taken by national preventive mechanisms
11.
National preventive mechanisms should continue exercising their visiting mandate
during the COVID-19 pandemic; however, the manner in which they do so must take into
account the legitimate restrictions currently imposed on social contact. National preventive
mechanisms cannot be completely denied access to official places of detention, including
places of quarantine, even if temporary restrictions are permissible in accordance with article
14 (2) of the Optional Protocol.
12.
The objective of the Optional Protocol, as set out in article 1, is to establish a system
of regular visits, whereas the purpose, as set out in the preamble, is the protection of persons
deprived of their liberty against torture and other inhuman or degrading treatment or
punishment, this being a non-derogable obligation under international law. In the current
context, this suggests that it is incumbent on national preventive mechanisms to devise
methods for fulfilling their preventive mandate in relation to places of detention that
minimize the need for social contact but that nevertheless offer effective opportunities for
preventive engagement.
13.
Such measures might include:
(a)
Discussing the implementation and operation of the measures outlined in
sections II and III above with relevant national authorities;
(b)
Increasing the collection and scrutiny of individual and collective data relating
to places of detention;
(c)
Using electronic forms of communication with those in places of detention;
(d)
Establishing national prevention mechanism hotlines within places of
detention, and providing secure email access and postal facilities;
(e)
Tracking the setting up of new and temporary places of detention;
(f)
Enhancing the distribution of information concerning the work of the national
preventive mechanism within places of detention, and ensuring there are channels allowing
prompt and confidential communication;
(g)
Seeking to contact third parties (e.g., families and lawyers) who may be able
to provide additional information concerning the situation within places of detention;
(h)
Enhancing cooperation with non-governmental organizations and relief
organizations working with those deprived of their liberty.
V. Conclusion
14.
It is not possible to accurately predict how long the current pandemic will last, or what
its full effects will be. What is clear is that it is already having a profound effect on all
14
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents