visits, or at least reduce the ‘surprise’ effect of some
of liberty, as well as the impact of preventive
visits, as the monitoring team may have to contact rel-
health measures on fundamental rights and
evant authorities in advance.
guarantees. These include the absolute prohibition against torture and other ill-treatment as
Monitoring bodies should therefore consider taking the
well as the different impacts those measures
following preparatory steps:
may have on women and men, children, LGBTI
people, elderly people or those belonging to
a. Gather as much information as possible
a minority population. The NPM team should
about the place to be visited, how it is affect-
consider the impact of the virus, as well as of
ed by the virus and the restrictive measures in
preventive measures and restrictions on plac-
place. Seek information from a variety of sourc-
es such as psychiatric institutions, immigration
es, notably relevant authorities (including the
detention centres, and elderly and social care
management of places of deprivation of liberty
homes,44 to decide which facilities to prioritize
to be monitored, relevant government depart-
in its programme of visits. NPMs should also
ments and provisional committees for emer-
consider visiting temporary quarantine facili-
gency or crisis management), staff (including
ties,45 as well as people confined at home in
healthcare staff), families, lawyers, CSOs, the
situations of particular vulnerability.
press and social media.
42
d. Define the specific objectives of the visit,
b. Seek the advice and expertise of medical
based on the information collected and the spe-
professionals, as their involvement can be
cific risks identified. The objectives of the visit
essential to ensure both adequate monitoring,
should cover a number of issues, both related
and the health and safety of the visiting team.
and unrelated to the current epidemiological
Consulting an infectious disease and epide-
situation. Indeed, some of the shortcomings
miology specialist will help NPM members to
regarding treatment and conditions of those
understand better the risks of infection, and
deprived of liberty will have little to do with
the necessary precautionary measure before,
COVID-19, and must continue to be monitored.
during and after the visit, and to develop a tai-
Other aspects such as the implementation of
lored and individualized oversight protocol. The
preventive measures and healthcare become
NPM should also consider including a health
particularly relevant (see section III).
specialist on the visiting team, in particular if
e. Acquire hand sanitiser and adequate per-
the objectives of the visits are related to health
sonal protective equipment (PPE), in line
and safety.43
with the general recommendation and guidec. Determine which places of deprivation of
lines of the World Health Organization and other
liberty to prioritize, giving consideration to
relevant medical guidance. 46 Train monitors on
existing situations of vulnerability, new risks that
how to safely use and dispose of such equip-
the pandemic generates for the health, physical
ment. Depending on the methodology and ob-
and psychological integrity of persons deprived
jectives of the visit, the use of PPE may not be
42 SPT, Advice to States and NPMs, para.13.7.
43 NPMs may consider reaching out to international organizations such as the International Committee of the Red Cross (ICRC), or
Doctors Without Borders (MSF) for medical advice; see also APT, ‘Treatment and detention regime of detainees suffering
from tuberculosis’ (hereafter APT, TB paper), May 2019, page 8.
44 While elderly and social care homes may be considered a priority due to the residents’ particular vulnerability to the virus; that same
vulnerability is important to carefully consider in the do no harm analysis. Due to the particular vulnerability of such groups of people,
NPMs may decide to privilege remote monitoring over on-site visits.
45 SPT, Advice to States and NPMs, para. 10.5.
46 WHO, Interim Guidance.
16
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