(which has had 12 cases) brought in a ban on
physical contact during visits. Kuwait, with
69 cases, also banned prison visits. The
Netherlands also banned prison visits,
except for children who are in detention,
following the government measures closing
most public places and lifting the right to
hold assemblies as of 13 March 2020.
Several measures adopted to limit contact
with the outside world for people in prison
indicated discriminatory treatment of
certain categories. For instance, the
Minister of Internal Security in Israel (where
there are a reported 39 cases) ordered that
all visits to Palestinian people in detention,
or ‘security prisoners’ are to be suspended.
Hungarian authorities announced that
prisons would make provision for ‘special
supervision’ for visits involving relatives
who are foreign nationals.
In the United States, 52 New York state
prisons are required to implement a new
screening protocol for visitors which involved
a series of questions being asked regarding
illness, symptoms and travel outside of the
country, including that of any family
member. The authorities stated that they
were ‘committed to ensuring family and
friends are able to visit with loved ones, with
as limited disruption to the normal visiting
process as possible.’8
The Irish Prison Service updated its visiting
protocols, and made the temporary
restrictions to visits available to the public
online.9 The restrictions include a limitation
to one visit per prisoner per week and a
limitation to two adults per visit.
In England and Wales, Her Majesty’s Prison
and Probation Service, issued guidance on 13
March 2020 stating ‘prisons will continue to
operate normally, with the minimum
disruption, for as long as possible’.10
Any limitations on contact with the outside world should be proportionate, including by
being time limited and non-discriminatory
While restrictions on face-to-face or contact visits for people in detention can be legitimate to
prevent COVID-19 outbreaks in facilities, authorities bringing in such measures need a
comprehensive and transparent decision-making policy. In case of restrictions, these need to be
proportionate to the goal of preventing (or responding to) an outbreak. Contact visits must be
replaced by increased means and opportunities of contacting the outside world, for example, by
phone, emails or video calls.
Decisions to limit or restrict visits need to bear in mind that contact is essential to the mental wellbeing of people in detention and can reduce levels of violence. In many countries it is common for
visitors to bring prisoners supplies of food, drinks, sanitary items and medicine. Furthermore,
restricting visits from legal representatives can bring increased levels of anxiety and impact on the
right to fair trials. For caregivers, separation from children can bring a whole host of consequences
for both the caregiver and the child(ren) affected.
Any decision should be communicated promptly to all people affected with clear information on
the restrictions and time periods for review or lifting of such policies.
New York State Department of Corrections and
Community Supervision press release, available at
https://doccs.ny.gov/doccs-increased-screeningprotocols-covid-19-visitors-facilities
9 Irish Prison Service visitor information, 12 March 2020,
available at https://www.irishprisons.ie/6664-2/.
8
Guidance issued by the Ministry of Justice of the
United Kingdom and Her Majesty’s Prison and Probation
Service, 13 March 2020, available at
https://www.gov.uk/guidance/coronavirus-covid-19and-prisons.
10
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