Correctional institutions 2.5.2 COVID-19 in facilities of the penitentiary system and facilities for the dentention of mentally ill offenders Directly after the outbreak of the COVID-19 pandemic, international human rights organisations addressed the impact on facilities of the penitentiary system. They pointed out that measures that are taken in the interest of public health can result in prisoners being exposed to a higher risk of abuse and violation of their human rights. Many guidelines and recommendations were drawn up. International standards The CPT and the SPT emphasise that the monitoring of places of deprivation of liberty by independent bodies including the NPM is a fundamental mechanism in the prevention of abuse. During a global health crisis such as the COVID-19 pandemic, independent monitoring gains in importance due to the potential risk of abuse and violations of human rights in closed institutions. The WHO points out that the COVID-19 pandemic shall not be used as justification for curtailing the access and monitoring rights of independent institutions whose task it is to prevent abuse and inhumane treatment (WHO Interim Guidance – Section 3 Planning Principles and Human Rights Considerations). The SPT also emphasises that during the pandemic the NPM shall be granted access to all detention institutions as a matter of principle, including the places where persons have been placed under quarantine; even if temporary restrictions to access are permissible pursuant to OPCAT Article 14 (2). It goes without saying that the NPM takes the required precautions to observe the basic “do no harm” principle and thereby protect the public, the detainees, the care staff and themselves. Independent control at all times On 28 February 2020, the general directorate informed the NPM that in view of the first confirmed cases of infection with COVID-19 a team of experts had been set up in the Federal Ministry of Justice involving all departments and the office of the medical superintendent. Centralised management by the Ministry of Justice In addition to hygiene measures, a decree stipulates the restriction of detainees going outside alone and a ban on groups going outside. Visits may only be in the form of so-called glass visits. Contact to the outside is reduced considerably. Protective masks and disinfectant are provided to the institutions. The number of internal instructions also grew in line with the numbers of cases of infection. Seven internal instructions were thus enacted between midMarch and mid-April 2020 alone, which comprised up to 40 pages including annexes. Extensive decrees The NPM used the initial announcement as an opportunity to request the opinion of the Human Rights Advisory Council. Of interest was whether the prescribed preventive measures comply with the principle of proportionality, which the Human Rights Advisory Council affirmed. In addition, all Human Rights Advisory Council analysis 102