c. Psychological support for those who need it is
the beginning of the pandemic, NPMs in their respec-
available, both during and after their period of
tive countries have reported mass arrests and deten-
quarantine.119
tion, leading to situations in which people who have
violated curfew or confinement rules find themselves
d. All fundamental safeguards against ill-treatment
in crowded cells and detention centres in unhygien-
mentioned above in section IV.B are effectively
ic conditions. Using force and detention to implement
implemented.
physical distancing and confinement measures is not
only counterproductive from a public health perspective,
2. EXCESSIVE USE OF FORCE, ARREST
but may also violate human rights law if a clear legal
AND DETENTION POWERS
basis is absent, and the principles of necessity and
proportionality are not followed.
The implementation by law enforcement of confinement,
quarantine or curfew measures has led to excessive use
Monitoring bodies should check that:
of force, and/or excessive arrest and detention – often
on an unclear legal basis.120 NPMs have scrutinized and
a. “Even during states of emergency, the use of
monitored law enforcement responses in various con-
force remains guided by the principles of le-
texts. In keeping with their preventive mandate, NPMs
gality, necessity, proportionality and precau-
have a key role to play in monitoring altercations that
tion, [that] the use of force and of firearms [...]
are likely to lead to deprivation of liberty. Further, as law
be avoided, and that all possible non-violent
enforcement is implementing administrative orders that
means [...] be exhausted before resorting to
restrict movement and liberties, there is a strong argu-
violent ones.”121
ment to be made that such law enforcement responses
fall squarely within the NPM monitoring mandate. Since
b. All deprivation of liberty is decided on the basis
of clear legal grounds, following necessary proceedings and with the effective implementation
of all relevant safeguards.
119 SPT, Advice to States and NPMs, para. 10.7.
120 See Statement of Special Rapporteurs, “COVID-19 security measures no excuse for excessive use of force, say UN Special
Rapporteurs’”, 17 April 2020.
121 Statement of Special Rapporteurs, 17 April 2020. For guidance on monitoring weapons and restraints, see OMEGA Research
Foundation, Economic and Social Research Council, University of Exeter, “Monitoring Weapons and Restraints in Places of
Detention: A Practical Guide for Detention Monitors”.
28
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