OPEN RESEARCH BEHIND CLOSED DOORS
KEY MESSAGE ON QUARANTINE:
Under the current preventive regulations, it might be necessary to separate persons deprived of liberty. However, it should not take the form
of isolation and ‘restrictions (…) must be necessary, evidence-informed,
proportionate (i.e. the least restrictive option) and non-arbitrary. The disruptive impacts of such measures should be actively mitigated, such as
through enhanced access to telephone or digital communications if visits are limited.’ (UNODC, WHO, UNAIDS and OHCHR, Joint statement on
COVID-19 in prisons and other closed settings, 2020)
2.5 Monitoring
Key aspects
» Monitoring closed institution is a major safeguard against torture
and ill-treatment
» Especially when further restrictions are ordered, monitoring visits
or adequate alternatives are of utmost importance
» In some countries, monitoring activities ceased during the pandemic, or visits took place under restricted conditions
The Optional Protocol to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT)42 calls
upon the Member States to establish National Preventive Mechanisms
(NPMs) for the prevention of torture and other cruel, inhuman or degrading treatment or punishment in places of detention through monitoring.
Even if relevant human rights mechanisms urged member states to continue monitoring places of detention during the pandemic, the visits by monitoring bodies ceased during the first months of the pandemic in Austria.43
From June 2020 the monitoring of places of detention resumed, but under
restricted conditions. For instance, only two members of the NPM visited
at a time and frequently they announced their visit. At the same time, the
ombuds institution launched an investigation due to a cluster in one of the
institutions responsible for preventive measures.44 In Germany, specific
questions were sent by the National Agency for the Prevention of Torture to
the ministries in order to get an overview of the measures and develop
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