Freedom started releasing a periodic bulletin on the situation of detained people, which also cover the situation of irregular immigrants in administrative detention, nursing homes and judicial psychiatric institutions. Other measures to protect people in prisons from an outbreak include the establishment of a risk assessment procedure for new prisoners entering prison in Austria129 and quarantine measures for infected prisoners. In France, the Minister of Justice announced the distribution of 100,000 face masks in prisons.130 In Italy, manufacturing facilities within prisons – which employ prisoners – will produce face-masks.131 In Belgium, a public service trade union raised concerns about the lack of disinfectant products and the ability to respect social distancing rules in prisons, as well as about the risk of rioting.132 DISRUPTIONS TO THE JUDICIAL SYSTEM concerning minors at risk or urgent guardianship and domestic violence proceedings – be carried out. The Coronavirus pandemic has also seen Member States struggle to balance access to justice rights with ensuring the health and security of all persons involved in judicial proceedings. The consequences of the COVID-19 outbreak demonstrate the limitations of the judicial system’s ability to work remotely using electronic devices for communication, to access files held in databases and to conduct proceedings via video conference. This is particularly the case where courts are not fully adapted to using such technology. In many Member States, courts are still functioning, but with various restrictions. Whenever possible, judicial proceedings take place in written form or via videoconference rather than through hearings (for example in Estonia), or only urgent cases and cases not involving witnesses are being heard (for example in Ireland). In Denmark, an assessment of critical cases is done in close cooperation between a number of judges and the Danish Court Administration. The Netherlands closed down all courts, allowing only urgent cases to continue. For certain areas of law that are crucial to guarantee the rights of vulnerable groups, exceptions are made to the general restrictions in proceedings. The new laws in Italy, Portugal and Slovenia274 stipulate that urgent acts in which fundamental rights are at stake - such as proceedings 28 Technology has proved to be a good practice in ensuring protection for vulnerable victims or witnesses and allowing them to participate in proceedings, and in allowing defendants who might otherwise not be able to attend to participate. Video conferencing could be used where deemed appropriate following a case-bycase assessment. However, if used “by default” there could be a negative impact on the minimum standards as developed under Articles 47 or 48 of the Charter and Article 6 of the ECHR, in particular in relation to effective participation in proceedings, including one’s right to be present. In addition, the suspension of all non-urgent cases and investigations, as is the case in Belgium for example,275 will affect the overall length of procedures. Investigations will be further extended, negatively impacting due process and defence rights. Moreover, the suspension of all non-urgent requests to access files will affect equality of arms, as the time and facilities to prepare the file may not be adequate, for instance where there is no secure means for accessing it online.276 Mitigating measures will be needed to address these new challenges. The Council of Bars and Law Societies of Europe (CCBE) compiled an overview of COVID-19 related measures and their effects on the criminal judicial system in various EU Member States (based on a survey of its members). The overview includes, among many other issues, safety measures implemented in courts (many Member States report postponement of hearings and some report closing courts) and measures to ensure prisoners’ access to a lawyer (some Member States still allow lawyers to visit clients in prisons, following precautionary measures, although many encourage finding technical solutions to avoid physical contact).277 Meanwhile, the organisation Fair Trials is compiling information on how the COVID-19 outbreak is affecting criminal justice systems around the world.278

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