5.7. MEASURES IN PLACES OF DEPRIVATION OF LIBERTY In emergencies, the protection of public health extends to prisons and other places of deprivation of liberty, with a key priority during the coronavirus outbreak having been to control the spread of infection and minimize risks to both persons deprived of liberty and staff who work in such institutions. Persons deprived of their liberty “are likely to be more vulnerable to the coronavirus disease (COVID-19) outbreak than the general population because of the confined conditions in which they live together for prolonged periods of time.”214 Some of the key measures put in place during the COVID-19 health crisis have included: social distancing and protective measures inside facilities, such as preventative quarantines and limitations on group activities; the suspension of physical visits by persons from outside the place of detention (e.g., family members, lawyers, social service providers, monitors who are part of national preventive mechanisms); banning prisoners from day release; and the early release or transference to house arrest of some prisoners. During the COVID-19 pandemic, states have been urged to review cases of deprivation of liberty and determine whether detention can be suspended, particularly for certain groups, including people 60 years of age and older, pregnant women and women who are breastfeeding, people with underlying health conditions and persons with disabilities.215 Anyone deprived of liberty has the right to humane treatment, with respect to their inherent dignity. Even though some of their freedoms may be lawfully restricted, people in closed environments retain their fundamental human rights, and the state has a heightened duty of care towards people who are vulnerable due to being deprived of their liberty. This rule applies in all circumstances and without distinctions of any kind. Right to humane treatment The absolute prohibition on torture, cruel, inhuman or degrading treatment or punishment is complementary to the right to humane treatment, as it is required to protect the dignity and physical and psychological integrity of people deprived of their liberty.216 No limitations to the right not to be subjected to torture or ill-treatment are permitted under international law, even during situations of public emergency, and there are no extenuating circumstances or justifications for violating this right.217 Freedom from torture and ill-treatment 214 WHO, “Preparedness, Prevention and Control Of COVID-19 in Prisons and Other Places of Detention, Interim Guidance”, 15 March 2020, <https://www.euro.who.int/__data/assets/pdf_file/0019/434026/Preparedness-preventionand-control-of-COVID-19-in-prisons.pdf>. 215 OHCHR, “COVID-19 Not an Excuse for Unlawful Deprivation of Liberty – UN Expert Group on Arbitrary Detention”, 8 May 2020, <https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25876&LangID=E>. 216 Ibid., Art. 7. 217 UN Human Rights Committee, “General Comment No. 20 Article 7 (Prohibition of Torture, or Other Cruel, Inhuman or Degrading Treatment or Punishment)”, 10 March 1992, <https://www.refworld.org/docid/453883fb0.html>. 63