Quarantine, isolation or limitation on movements within detention facilities
In view of the risk of COVID-19 spreading in
prisons, there have been some cases where
prison authorities have quarantined wings or
whole facilities, affecting people detained and
members of staff alike. Putting people in
isolation and limiting movement within prisons
are also recommended by some authorities
where there are known cases of COVID-19.
In England, one prison wing was quarantined
after panic when one prisoner fell ill and advice
issued to prisons says ‘says inmates who had
contact with a known coronavirus patient
should be isolated in single accommodation’.
In Canada, nearly 160 people at
the Saskatoon Correctional Centre are under
quarantine after one detainee said he had
previously come into contact with someone
with COVID-19. Six of the 13 living areas at
the Saskatoon Correctional Centre, affecting
158 people, have been quarantined.11
Quarantines can also be imposed upon the
arrival of new people sentenced to prison. In
the southern state of Kerala in India, where
there have been 14 cases, the prisons decided
to quarantine new prisoners arriving.
In New Zealand, quarantine measures were
taken at the Waikeria Prison. They were
however lifted as soon as the medical test
results for COVDI-19 were negative.12
people, any involuntary separation from the
general prison population must be subject to
authorisation by the law.
In some cases quarantine or isolation may
constitute solitary confinement (defined by
the UN Nelson Mandela Rules as
confinement of prisoners for 22 hours or
more a day without meaningful human
contact).13 The Rules require that solitary
confinement only be in exceptional cases as
a last resort, for as short a time as possible
and subject to independent review, and only
pursuant to the authorisation by a
competent authority.
Where isolation is necessary it therefore
follows that authorities should put in place a
regime so people can benefit from
meaningful human contact. They should
have full access to means of contacting the
outside world, and be able to participate in
rehabilitation programmes and socialise with
other people – as far as possible.
Any measures imposed by prison authorities,
albeit at a time of emergency, need to
recognise that isolation can exacerbate anxiety
and insecurity for people in prisons leading to
violence and impact mental health of
detainees. Therefore, blanket measures should
be avoided, or if imposed only for the time
required to undertake a more individualised
and independent medical assessment.
While quarantine or isolation of individual(s)
may be legitimate to protect the health of
‘Coronavirus: Inmates at Saskatoon jail under
quarantine after possible link to COVID-19’, 11 March
2020, available at
https://globalnews.ca/news/6662877/coronavirusinmate-saskatoon/.
12 ‘Coronavirus: Waikeria Prison cleared of probable
threat’, 12 March 2020, available at
11
https://www.stuff.co.nz/national/health/coronavirus/12
0241017/coronavirus-precautionary-measures-stopwaikeria-prison-visits.
13 See OSCE Office for Democratic Institutions and Human
Rights (ODIHR) and Penal Reform International, Guidance
Document on the UN Nelson Mandela Rules, 2018.
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