IV. Measures to be taken by NPMs
11. NPMs should continue exercising their visiting mandate during the coronavirus
pandemic, albeit the manner in which they do so may need to take account of
legitimate restrictions currently imposed on social contact. NPMs cannot be completely
denied access to official places of detention, including places of quarantine, even if
temporary restrictions are permissible in accordance with OPCAT Article 14(2).
12. The objective of the OPCAT, as set out in Article 1, is to ‘establish system of regular
visits’ and the purpose, as set out in the Preamble, is ‘the protection of persons
deprived of their liberty against torture and other inhuman or degrading treatment or
punishment’, this being a non-derogable obligation under international law. In the
current context, this suggests that it is incumbent on NPMs to devise methods of
fulfilling their preventive mandate in relation to places of detention which minimise the
need for social contact but which nevertheless offer effective opportunities for
preventive engagement.
13. Such measures might include:
1) Discussing with relevant national authorities concerning the implementation
and operation of mitigation measures, as outlined in chapters II and III above;
2) Increase collection and scrutiny of data relating to places of detention,
individually and collectively;
3) Using electronic communication with those in places of detention;
4) Establishing NPM ‘hotlines’ within places of detention and secure e mail and
postal facilities;
5) Tracking the setting up of new/temporary places of detention;
6) Enhancing the distribution of information concerning the work of the NPM
within places of detention and ensuring there are channels allowing prompt
and confidential communication;
7) Seeking to contact third parties (e.g. families and lawyers) who may be able to
provide additional information concerning the situation within places of
detention; and
8) Enhancing co-operation with NGOs and relief organisations working with
those deprived of their liberty.
V. Conclusion
14. It is not possible to predict accurately how long the current pandemic will last, or what
its full effects will be. What is clear is that it is already having a profound effect on all
members of society and will continue to do so for a considerable time to come. The
SPT and NPMs must be conscious of the ‘do no harm’ principle as they undertake their
work. This may mean that NPMs should adapt their working methods to meet the
situation caused by the pandemic in order to safeguard the public, detention staff,
detainees and themselves. The overriding criterion must be that of effectiveness in
securing the prevention of ill-treatment of those subject to detaining measures. The
parameters of prevention have been widened by the extra-ordinary measures which
states have had to take. It is the responsibility of the SPT and of NPMs to respond in
imaginative and creative ways to the novel challenges they face in the exercise of their
OPCAT mandates.
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