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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