5. Places of restraints caused by quarantine measures directed against New Coronavirus (COVID-19) 5.1. Introduction The Government ordinance N164 of 28 January, 2020 "on Approval of the Measures to Prevent the Possible Spread of the New Coronavirus in Georgia and the Approval of the Operational Response Plan for Cases of the New Coronavirus Disease" determined the use of isolation measures for persons in contact with the confirmed case of the new coronavirus and for persons arriving in Georgia from foreign countries and placing individuals in quarantine areas. As a result, special quarantine spaces were created in hotels, where individuals had to stay during the quarantine period established by the existing regulations. The Ministry of Internal Affairs ensured the enforcement of quarantine measures and individuals were not allowed to leave the quarantine places on their will as any such attempt would be prevented by law enforcement. The Public Defender believes that placing a person in a quarantine area to prevent the spread of the new coronavirus is a de facto restriction of human liberty. Although according to the approach of the Constitutional Court of Georgia the legislative definition of quarantine and isolation implies the separation of a person, the prohibition of leaving a particular place and not the interference with the freedom of their conduct using this or that mechanism and therefore this measure belongs to the restriction of movement,479 according to the international human rights instruments separating a person and banning them from leaving a particular place in order to prevent the spread infectious disease constitutes a de facto limitation of human liberty, and therefore effective guarantees of legal protection must be provided for.480 The case law of the European Court of Human Rights allows to determine based on the observation on certain circumstances whether a restriction of human liberty has taken place. In particular, the whole situation - its type, duration and the peculiarity of the implementation of the constraint measure is taken into account. The quality and intensity of these elements must be considered in this case.481 Accordingly, the court considers the degree of coercion, including the degree of coercion used by the police to enforce the restriction measure. Therefore, a quarantine space where a person is placed for a certain period of time and which is under constant control by a law enforcement agency in order to prevent them leave this space should be considered as a restriction of liberty. Decision of the Constitutional Court of Georgia 111/1/1505,1515,1516,1529 of 11 February 2021 on the case "Paata Diasamidze, Giorgi Chitidze, Eduard Marikashvili and Lika Sajaia v. Parliament and Government of Georgia", II-21. 480 UN High Commissioner for Human Rights Arbitrary Detention Group N11 Conclusion - Prevention of Arbitrary Restriction of Liberty during Emergency Public Health Measures, paragraphs 5 and 8, available at: https://bit.ly/3dnWFWb [last visited 16.02.2021]. UN Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Advice of March 25, 2020 to Member States and National Preventive Mechanisms on the Coronavirus Pandemic", para: 10 (5), available at: https://bit.ly/2Mg8OjY [Last visited: 16.02.2021]. 481 Decision of the European Court of Human Rights in Austin and Others v. United Kingdom (no. 39692/09) para: 57. See also decisions: Engel and Others, § 59; Guzzardi, §§ 92-93; Storck, § 71; Medvedyev and Others v. ..France [GC], no. 3394/03, § 73. 479 142