c. Psychological support for those who need it is the beginning of the pandemic, NPMs in their respec- available, both during and after their period of tive countries have reported mass arrests and deten- quarantine.119 tion, leading to situations in which people who have violated curfew or confinement rules find themselves d. All fundamental safeguards against ill-treatment in crowded cells and detention centres in unhygien- mentioned above in section IV.B are effectively ic conditions. Using force and detention to implement implemented. physical distancing and confinement measures is not only counterproductive from a public health perspective, 2. EXCESSIVE USE OF FORCE, ARREST but may also violate human rights law if a clear legal AND DETENTION POWERS basis is absent, and the principles of necessity and proportionality are not followed. The implementation by law enforcement of confinement, quarantine or curfew measures has led to excessive use Monitoring bodies should check that: of force, and/or excessive arrest and detention – often on an unclear legal basis.120 NPMs have scrutinized and a. “Even during states of emergency, the use of monitored law enforcement responses in various con- force remains guided by the principles of le- texts. In keeping with their preventive mandate, NPMs gality, necessity, proportionality and precau- have a key role to play in monitoring altercations that tion, [that] the use of force and of firearms [...] are likely to lead to deprivation of liberty. Further, as law be avoided, and that all possible non-violent enforcement is implementing administrative orders that means [...] be exhausted before resorting to restrict movement and liberties, there is a strong argu- violent ones.”121 ment to be made that such law enforcement responses fall squarely within the NPM monitoring mandate. Since b. All deprivation of liberty is decided on the basis of clear legal grounds, following necessary proceedings and with the effective implementation of all relevant safeguards. 119 SPT, Advice to States and NPMs, para. 10.7. 120 See Statement of Special Rapporteurs, “COVID-19 security measures no excuse for excessive use of force, say UN Special Rapporteurs’”, 17 April 2020. 121 Statement of Special Rapporteurs, 17 April 2020. For guidance on monitoring weapons and restraints, see OMEGA Research Foundation, Economic and Social Research Council, University of Exeter, “Monitoring Weapons and Restraints in Places of Detention: A Practical Guide for Detention Monitors”. 28