States must put in place plans allowing for emergency releases
In view of reducing risks associated to COVID-19, authorities should urgently review the detention
of individuals on remand. Cash bail systems should be lifted, to ensure that pre-trial detention is
not excessively imposed.
Individuals most at-risk, in particular older persons and individuals with mental and underlying
physical health issues, should be immediately considered for release, to avoid the serious
consequences in case COVID-19 would spread in a prison and also to free up essential healthcare
services.
Prison sentences for Coronavirus-related offences
There have been many reports that prison
sentences would be handed out to people
who failed to obey the various measures
imposed in response to COVID-19 – most
notably in countries who traditionally take
hard approaches to crime.
In Russia, authorities in Moscow threatened
prison terms of up to five years for people
who were not self-isolating for 14 days after
visiting one of the listed countries most
affected. In Bahrain, one case on these
grounds is attracting a three-month prison
sentence and a fine. Singapore and Hong
Kong have announced they are charging
people who are accused of misleading
authorities and breaking travel restrictions,
and Iranian authorities are prioritizing
prosecuting those who are believed to be
hoarding medical supplies.
South Korea is threatening prison time for
possible coronavirus patients that break
quarantine. Legislation passed through an
accelerated procedure by the National
Assembly foresees a punishment of up to a
year in prison or up to a 10 million won
(approximatively €8,000) in fine for
suspected patients who deliberately break
quarantine. In Israel, individuals caught
See the website of the Israeli Ministry of Health
dedicated to Israel’s response to Covidis-19, available at
https://govextra.gov.il/ministry-ofhealth/corona/corona-virus-en/.
22
violating a mandatory home quarantine for
travellers who have recently visited East Asia
could face a prison sentence of up to seven
years. The Ministry of Health put in place a
online system for allowing any person to
denounce somebody presumed of violating
such an imposed quarantine.22 At times of
emergency, the recourse to denunciation
systems presents a high risk of abuse against
minorities and other marginalised groups,
and generally opens the door to abuses and
might lead to health and security services
being diverted from their primary missions.
While the need to prevent state-imposed
quarantines from being broken is
undisputed, the answer does not come from
threatening or imposing long sentences. As
underlined by the United Nations High
Commissioner for Human Rights, quarantine
measures can have dire consequences for
people who are already barely surviving
economically: ‘[such preventive measures]
may result in lost pay or a lost job, with farranging
consequences
for
people's
23
livelihoods and lives’.
Criminalising individuals for violating
quarantine and other measures aiming to
protect society from the spread of COVID-19
‘Coronavirus: Human rights need to be front and
centre in response, says Bachelet’, 6 March 2020,
available at
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayN
ews.aspx?NewsID=25668&LangID=E.
23
Page 12 of 13
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