IV. NEW RISKS AND CHALLENGES The reality of deprivation of liberty contributes to height- Monitoring health and hygiene conditions in order to ened risks of contamination and spread of the virus save lives in places of detention requires an examination during this public health emergency. Health in deten- of the protocols and response plans authorities have tion should follow the principle of equivalence of care. implemented. This includes the authorities’ own mon- However, overcrowding, insufficient access to hygiene itoring of the epidemiological situation in their facilities, products and facilities, and healthcare provision and the availability of hygiene products (e.g., PPE, soap) and services that do not meet community standards, tend equipment, as well as specific measures in place for the to create high-risk environments. Individuals deprived protection and care of people in vulnerable situations. 59 of their liberty are also likely to be more vulnerable to Likewise, a focus on overcrowding and ensuring space the virus than the general population, due to the greater for physical distancing is critical. It is key for NPMs to incidence of co-morbidities (e.g., diabetes, tuberculosis, pay close attention to the situation of staff, who are immunodeficiency) and the generally reduced state of under tremendous pressure and at high risk of con- health among detainee populations. tracting the virus making them potential transmitters of Further, restric- 60 the disease.62 tions on visits and contact with the outside world place persons deprived of liberty in more vulnerable situations, 1. IMPLEMENTATION OF PROTECTION MEASURES AND increasing the risk of ill-treatment or constituting in itself PROTOCOLS cruel, inhuman or degrading treatment. 61 The nexus of COVID-19 and deprivation of liberty has Monitoring bodies should check whether: given rise to many considerations, risks, and challenges that NPMs must grapple with, including with respect to a. Emergency operational and procedural reg- their monitoring activities. For analytical purposes, they ulations and protocols have been elaborated, are organized in three separate categories related to vi- including contingency plans, risk assessments rus spread, new restrictions within places of deprivation and checklists.63 These should all aim to protect of liberty and restrictive measures within broader society. those who work and live in places of deprivation of liberty from infection. All regulations and A. PREVENTING CONTAMINATION IN PLACES OF DEPRIVATION OF LIBERTY: RISKS AND CHALLENGES protocols should be human rights-compliant. There must be particular attention to whether the protocols address instances of physical contact and the use of force that involve touch- The health and sanitary conditions of persons deprived ing and escorting persons deprived of liberty of liberty and of staff in places of deprivation of liberty are (e.g., breaking up fights, use of restraints, hand- central to the monitoring activities of many NPMs in the cuffing, providing care) and how these meas- OSCE region and around the world during the pandemic. ures can still be performed in a safe way for both the agent/staff members and detainees. 59 United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), A/RES/70/175, 17 December 2015, Rule 24; Body of Principles, Principle 24; see also SPT Advice to States and NPMs, para. 4. 60 See SPT, Advice to States and NPMs, para. 7. 61 OSCE/ODIHR and PRI, Guidance Document on the Nelson Mandela Rules, Chapter 5, para. 7. 62 For more specific guidance on measures relating to the staff of detention facilities, see WHO interim guidance; IASC, Interim Guidance, p. 6; Prison Reform International, ‘Briefing note – Coronavirus: Healthcare and human rights of people in prison’, 16 March 2020, p 12-13. 63 WHO, Interim Guidance, page 12. 20