isolation protocols prior to release.72 If a person Monitoring bodies should check: to be released is ill, measures should be taken to ensure they have proper access to health- a. The occupancy rate of places of deprivation care and follow up. of liberty, and protocols/measures in place to 73 allow for physical distancing between persons 2. OVERCROWDING AND PHYSICAL DISTANCING deprived of liberty, as well as with members of staff. Such measures include limiting the The current situation has highlighted additional conse- number of people per room/cell and alternat- quences of overcrowding in detention. While NPMs re- ing schedules for the use of common spaces; iterate their recommendations for authorities to tackle overcrowding, they may now be in a better position to at- b. Whether authorities have taken steps to re- tract attention to this necessity. Many authorities around duce the population of places of deprivation 74 the world have proactively adopted measures to reduce of liberty, e.g., reducing arrests, admissions, overcrowding (including in the migration and psychiatric or commuting or shortening sentences, and if contexts), ranging from alternative measures to detention, so, the criteria on which decisions are based, suspension of sentences, amnesties, reduction of arrests whether the evaluation respects the principle and police custody, increased use of bail or bond and of non-discrimination and whether it takes into conditional releases. During the pandemic, NPMs have consideration particular situations of vulnerabil- advocated for such measures, monitored their roll-out ity, such as health (e.g., immunocompromised and implementation, and the criteria and methodology for people or with those chronic conditions), age, identifying detainees to be released. The NPM of Senegal gender and disability.78 Attention should also has, for example, shared with the authorities a list of rele- be paid to the nature of the offence and the 75 vant criteria to consider when rolling out their release plan. recidivism risk to the community when making It is important that such decisions be taken following decisions related to early release schemes. In vulnerability and risk assessments, in accordance with cases of amnesties, convicted perpetrators of clear and transparent criteria, without discrimination. Risk torture should not be eligible.79 assessments should include gender aspects, such as the protection of victims of domestic violence, which affects c. Whether decisions about early release have a large number of women and children. been implemented in good faith. 76 The UN High Commissioner for Human Rights has d. That all individuals have been deprived of liberty emphasised that “[n]ow, more than ever, governments with sufficient legal grounds and as a matter of should release every person detained without sufficient last resort, most notably in cases of pre-trial legal basis, including political prisoners and others de- detention and administrative detention on the tained simply for expressing critical or dissenting views.”77 basis of the immigration status. 72 Nelson Mandela Rules, Rule 30. 73 IASC, Interim Guidance, page 4. 74 For specific recommendations on measures relating to overcrowding and alternatives to detention, see for e.g. CPT, Statement of Principles, principle 5; Statement of the UN High Commissioner for Human Rights; Statement of the Council of Europe Commissioner for Human Rights; UNODC position paper; Commonwealth Human Rights Initiative (at section 3). 75 For examples of such measure see APT information hub. 76 It is important to note here that persons convicted for domestic violence, for e.g., may pose a serious risk if released in their household, particularly in times of confinement. See, Statement of the UN High Commissioner for Human Rights; Statement of Arab Reform Initiative. 77 UN High Commissioner for Human Rights, ‘Urgent action needed to prevent COVID-19 “rampaging through places of detention” – Bachelet’, 25 March 2020. 78 See, Amnesty International, ‘Joint Public Statement Turkey: Rights Groups Call For Urgent Release Of Imprisoned Journalists, Human Rights Defenders And Others, Now At Risk Of COVID-19’, EUR 44/2047/2020, 30 March 2020 79 See, APT Guide on Anti-Torture legislation. 22