Annual review 1.1 Inspection visits during the pandemic The rapid spread of COVID-19 triggered a global health crisis. Based on the Epidemics Act1, the Federal Council responded by ordering a series of far-reaching measures that restricted the personal freedom of all Swiss inhabitants. These measures also affected the fundamental rights of persons deprived of their liberty whose day-to-day lives are already restricted. These people are considered particularly vulnerable in the context of COVID-19, as they are often confined in large numbers in a small space where infectious diseases can therefore spread more quickly. They also have a limited ability to take preventive measures to protect themselves from infection and are thus reliant upon the measures taken by the facility. Likewise, they suffer more from preexisting conditions and are often of poorer health compared to persons outside of such contexts. Preventing the spread of COVID-19 posed several new challenges for detention facilities. On the one hand, they had to take preventive measures to stop the spread of COVID-19 within their facilities. On the other hand, they were required to respect human and fundamental rights as set out in the Nelson Mandela Rules2. Every restriction required a careful balancing act between necessary health measures and the fundamental rights of those under their care and supervision. Protective measures therefore had to be proportionate and never result in inhuman or degrading treatment of persons deprived of their liberty. The Optional Protocol to the Convention against Torture does not allow for any restrictions to be placed on the visiting mandates of national preventive mechanisms (NPMs). The World Health Organization (WHO) has specifically highlighted the importance of independent monitoring in prisons and other detention centres in its guidelines to states on COVID-19 and detention.3 Federal Act of 28 September 2012 on Combating Communicable Human Diseases (Epidemics Act, EpidA), SR 818.101. Resolution A/RES/70/175 adopted by the UN General Assembly of 17 December 2015 (Nelson Mandela Rules). Inter-Agency Standing Committee (IASC), OHCHR and WHO, Interim Guidance COVID-19: Focus on persons deprived of their liberty, March 2020. 1 2 3 4 Activity report NCPT 2020