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
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