Therefore, monitoring bodies should check:
and encouraged, and be frequent and free.88
In addition, and notably in view of triangulating
a. That all restrictions are proportional to the stat-
information, NPM members can inquire about
ed aim, legal, necessary, applied on a tempo-
statistics of the use of such devices, about the
rary basis, without discrimination, and accom-
frequency and length of contact and ask to
panied by sufficient compensatory alternatives
check the corresponding registers.
to alleviate the impact.
85
c. That the restriction of family visits does not afb. What alternative measures are taken to enable
fect the ability of family members or relatives to
minimum contact between persons deprived of
continue providing food and other supplies for
liberty and family members or loved ones, such
detainees, in accordance with local and regu-
as increased access to telephones (including
lar practices.89 NPM members should inquire
cell phones),86 access to videoconferencing
whether this right is being respected and ask
technologies,87 internet/email, video com-
after the cleaning/disinfection procedures in
munication and other appropriate electronic
place for such packages.
means. Such contacts should be facilitated
CURRENT PRACTICE – FACILITATING CONTACT WITH THE OUTSIDE WORLD
In Italy, Antigone, a CSO working closely with the Italian NPM, collected and distributed 3,000 mobile phones
to prisons, to allow prisoners to maintain contact with their families.
In Albania, the NPM liaised with penitentiary officials to ensure that videoconferencing technologies were
functioning properly, to guarantee contact outside the place of deprivation of liberty.
2. RIGHT TO ACCESS INFORMATION
Therefore, monitoring bodies should check whether:
Some of the violent unrest and disturbance inside pris-
a. Detainees and their families promptly receive
ons during this pandemic have taken place because of
all relevant information about the preventive
a lack of proper information provided to and commu-
measures adopted, their duration and the
nication with detainees about the nature, rationale and
reasons for them.92 This information should
scope of the preventive measures adopted.90 Timely
be communicated in a language and format
access to accurate information is crucial, as well as be-
that detainees can access and understand,93
ing a fundamental right for persons deprived of liberty. 91
85 See CPT, 21st General Report, 2011, para. 55; See also European Prison Rules, Rule 3; Nelson Mandela Rules, Rule 37.
86 IASC, Interim Guidance, page 5
87 Fair Trials International, Safeguarding the Right to a Fair Trial during the Coronavirus Pandemic: Remote Criminal Justice
Proceedings (hereafter Fair Trials, Remote Criminal Justice Proceedings), 30 March 2020.
88 SPT, Advice to States and NPMs.
89 Ibid., para. 9.12.
90 See, APT Info-Hub, Issue: Communal Violence and Unrest in Detention.
91 See, Nelson Mandela Rules, rules 41, 54, 55, 63; Body of Principles, principle 28.
92 SPT, Advice to States and NPMs.
93 IASC, Interim Guidance, page 5.
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