National Preventive Mechanism Eleventh Annual Report 2019–20 COVID-19 In March 2020, at the end of the reporting year, the UK government imposed lockdown measures to manage the outbreak of coronavirus (COVID-19). The COVID-19 pandemic poses a significant threat to the rights of people in detention. People in detention and deprived of their liberty are more vulnerable to infection because of the inherent risks in places of detention, such as the difficulty of maintaining physical distancing in close confinement. People in detention are also wholly reliant on the state for care and are likely to be severely impacted by restrictions in place to stop the spread of COVID-19. The role of visiting bodies is crucial during COVID-19, as detainees are placed under more restrictions that may undermine their human rights. In February 2020, the NPM wrote to the SPT for advice on monitoring places of quarantine (also referred to as supported isolation facilities). We received helpful advice from the SPT which made it clear that places of quarantine used to prevent the spread of COVID-19 fall within the scope of OPCAT.7 Later advice from the SPT also indicated that NPMs must continue their 7 8 9 10 11 12 visits to places of detention during COVID-19, recognising that there will be necessary limitations to the scope of visits, to keep people living and working in detention, and those carrying out visits, safe.8 In March 2020, the NPM wrote to the Secretary of State for Justice Robert Buckland QC MP to outline our concerns for people in detention.9 We also wrote to Cabinet Secretary for Justice Humza Yousaf MSP and Justice Minister Naomi Long MLA.10 Our letters to government emphasised key human rights concerns for people in detention, such as increased isolation and potential solitary confinement, the inherent challenge of physical distancing in places of detention and the loss of in-person social visits. At the beginning of April 2020, we published a short factsheet detailing the work NPM members quickly developed to ensure independent oversight and scrutiny continued in places of detention.11 In the factsheet, we outlined our commitment to the principle of ‘do no harm’: NPM members must not put detainees or staff in places of detention at risk by spreading the virus through inspection or monitoring visits; equally we should not put our own staff or volunteers at risk of exposure. UN Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, February 2020, Advice of the Subcommittee on Prevention of Torture to the National Preventive Mechanism of the United Kingdom of Great Britain and Northern Ireland regarding compulsory quarantine for Coronavirus, adopted at its 40th session (10 to 14 February 2020), https://s3-eu-west-2.amazonaws.com/npm-prod-storage-19n0nag2nk8xk/ uploads/2020/02/2020.02.25-Annexed-Advice.pdf-V2.pdf [accessed 27/08/2020] UN Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, March 2020, Advice of the Subcommittee on Prevention of Torture to States Parties and National Preventive Mechanisms relating to the Coronavirus Pandemic (adopted on 25 March 2020), https://www.ohchr.org/Documents/HRBodies/OPCAT/ AdviceStatePartiesCoronavirusPandemic2020.pdf [accessed 27/08/2020] UK NPM, March 2020, Letter from NPM Chair John Wadham to Robert Buckland QC MP regarding the rights of people in detention during COVID-19, https://s3-eu-west-2.amazonaws.com/npm-prod-storage-19n0nag2nk8xk/uploads/2020/03/ NPM-letter-to-Robert-Buckland-re-COVID19-300320.docx-WEB-2.pdf [accessed 27/08/2020] UK NPM, April 2020, Letter from NPM Chair John Wadham and NPM Scottish sub-group Chair Judith Robertson to Humza Yousaf MSP regarding the rights of people in detention during COVID-19 https://s3-eu-west-2.amazonaws.com/npmprod-storage-19n0nag2nk8xk/uploads/2020/04/NPM-letter-to-Cabinet-Secretary-for-Justice-re.-COVID-19.pdf [accessed 27/08/2020]; UK NPM, April 2020, Letter from NPM Chair John Wadham to Justice Minister Naomi Long MLA regarding the rights of people in detention during COVID-19 https://s3-eu-west-2.amazonaws.com/npm-prod-storage-19n0nag2nk8xk/ uploads/2020/04/NPM-letter-to-Naomi-Long-re-COVID-160420.pdf [accessed 27/08/2020] UK NPM, April 2020, Factsheet: The UK National Preventive Mechanism – preventing ill-treatment in the context of COVID-19, https://s3-eu-west-2.amazonaws.com/npm-prod-storage-19n0nag2nk8xk/uploads/2020/04/WEB-NPMmember-approaches-for-website-.pdf [accessed 27/08/2020]