including necessary accommodations for de- ill-treatment,97 the UN Human Rights Committee has tainees with disabilities.94 clearly stated that even in declared states of emergency, states cannot, under any circumstances, arbitrarily b. Persons deprived of liberty receive information deprive people of liberty or deviate from fundamental on how to contact the NPM, other monitoring fair-trial principles.98 Suspension of judicial hearings can- bodies and relevant complaint mechanisms, not be absolute, as urgent matters, such as habeas promptly and confidentially. NPMs, ombuds corpus cases must continue to be heard.99 95 institutions and other specialized organizations should disseminate their contact information Therefore, monitoring bodies should verify whether: among detainees and within detention facilities, through posters, flyers or mailboxes in places a. Arrangements are made to maintain and se- accessible to detainees. cure the ability to meet with legal counsel,100 at least through phone communication or other 3. LEGAL AND PROCEDURAL SAFEGUARDS AND FAIR- electronic means, such as videoconferencing, TRIAL RIGHTS and that it is facilitated by being made available free of charge.101 Restrictions on access to and contact with persons deprived of liberty also negatively impact legal and pro- b. These arrangements are put in place in a way cedural safeguards against torture and other ill-treat- that ensures the strict confidentiality of such ment, affect fair-trial rights and can lead to an increase privileged communication. Persons deprived of in arbitrary detention. Preventive measures cannot be liberty should have access to secure spaces for used as a pretext to erode rights and guarantees of confidential discussions that cannot be heard 96 persons deprived of their liberty. While some modifica- by members of staff. Remote communication tions (e.g., use of videoconference or telephone, use of channels should be secure to avoid interception physical and/or personal protective equipment) may be or recording of calls.102 necessary, the rights to legal aid and legal representation, for instance, must remain effective (including for c. Procedural rules and guidelines were issued those detained in quarantine centres and migration de- by the judicial system regarding court hearings tention). The same goes for the prohibition of arbitrary and judicial proceedings, and that those rules detention (including in the migration context, and for do not lead to an absolute suspension of all psychiatric patients) and the right to a fair trial. As it is judicial hearings.103 the case for the absolute prohibition against torture and 94 Information about requests and complaints should be made available “in both written and oral form, in Braille and easy-to-read formats, and in sign languages for deaf or hard-of-hearing individuals”, and it should be displayed “prominently in all places of deprivation of liberty”. In UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Interim report to the General Assembly, 9 August 2013, A/68/295, para. 80. 95 SPT, Advice to States and NPMs, para. 13.6. 96 For specific guidance on legal safeguards in the context of covid-19, see IASC, Interim Guidance (at pages 3, 5); SPT, Advice to States and NPMs (at para. 9); PRI, Briefing note (at p. 8); CPT, Statement of Principles (principle 9). 97 Statement of the UN High Commissioner for Human Rights and OHCHR “Emergency Measures and COVID-19 Guidance”, 27 April 2020: “…Certain rights, including the right to life, the prohibition against torture and other ill-treatment, and the right not to be arbitrarily detained continue to apply in all circumstances. “ 98 UN Human Rights Committee, ‘General Comment No. 29: Article 4: Derogations during a State of Emergency’, CCPR/C/21/Rev.1/ Add.11, 2001, at para. 11. 99 Fair Trials, Remote Criminal Justice Proceedings. 100 IASC, page 5. 101 Fair Trials, Remote Criminal Justice Proceedings. 102 Ibid., page 5. 103 For more detailed information about particular issues to monitor regarding the right to a fair trial during the coronavirus pandemic, monitors are encouraged to consult the recent publication by Fair Trials International (see footnote above). 25