III. MONITORING DURING COVID-19:
METHODOLOGICAL CONSIDERATIONS FOR NPMS
At all times, NPMs are guided by the principle of ‘do no
As NPM members are impacted by the restrictive measures for the general population (such as physical dis-
harm’. They are conscious that in effectively fulfilling their
tancing and restrictions of movement, as well as the
mandates and duties to protect those deprived of liberty,
lockdown of places of deprivation of liberty), they face
it is necessary to take all possible measures to avoid
challenges in implementing their regular visiting man-
causing harm. This is particularly true when dealing with
date. The question is not only whether to visit or not to
people in situations of vulnerability, for example older
visit, but also how to continue fulfilling their monitor-
people and/or those who are immunocompromised or
ing mandate, requiring new ways of combining remote
suffer from chronic conditions.25 For NPMs, the principle
monitoring with adapted methodology for on-site visits.
of ‘do no harm’ also extends to those working in places
NPMs have to adapt their working means and meth-
of deprivation of liberty, as well as to NPM members
ods – from modifying practices relating to the collection
and staff.26 One of the first actions taken by the NPM of
and triangulation24 of relevant, available information, to
Kyrgyzstan was to help allocate donated protective suits,
maintaining open lines of communication with persons
respirators, glasses and gloves to their staff.
deprived of liberty, and reviewing their internal working
methods and protocols for visits.
In its Statement of Principles, the European Committee
for the Prevention of Torture (CPT) has restated that
A. CONSIDERATIONS FOR MAINTAINING ONSITE MONITORING
monitoring mechanisms “remain essential safeguards”
against torture and other ill-treatment.27 The SPT also
encouraged NPMs to continue their visiting activities,
The visiting activities of all NPMs in the OSCE region
stating that “NPMs should continue to undertake visits
and beyond have been affected in one form or anoth-
of a preventive nature, respecting necessary limitations
er by the current global health emergency. Aside from
on the manner in which their visits are undertaken”.28
facing risks of infection when conducting monitoring
Both the SPT and the CPT have identified the ‘do no
visits, members of NPMs, like any ‘outsiders’, can also
harm’ principle as the guiding maxim for NPMs to con-
be vectors of transmission and therefore bring the virus
sider when assessing their monitoring mandate in the
into a place of deprivation of liberty. NPMs around the
present situation.
world have adopted a variety of responses to these
challenges. These range from the continuation of all
Some NPMs have decided to continue conducting visits,
monitoring activities, including preventive visits (using
but are reviewing and adapting their methodology and
adequate personal protective equipment (PPE), to the
making use of PPE (see Section III. C). In certain con-
total suspension of visits and a reconsideration of mon-
texts, NPMs have undertaken such visits in response
itoring methodologies.
to urgent issues arising from the current circumstances.
24 For more guidance on triangulation methodology, see APT, Monitoring Police Custody, A practical guide, 2013, p. 34.
25 European Committee of the Prevention of Torture (CPT), ‘Statement of principles relating to the treatment of persons
deprived of their liberty in the context of the coronavirus disease (COVID-19) pandemic’ (hereafter CPT, Statement of
Principles), 20 March 2020, principle 10.
26 SPT, Advice to States and NPMs, para. 4.
27 CPT, Statement of principles, principle 10.
28 SPT, Advice to States and NPMs, para. 7.
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