COVID-19 AND HUMAN RIGHTS IN CLOSED INSTITUTIONS » » Suspension of rehabilitative measures and relaxations can result in prolonged deprivation of liberty Relaxations were also upheld during the pandemic, by e.g. using tests, accompaniment of staff and prolonging long-term leaves Deprivation of liberty must be the last resort and applied only if non-custodial measures are not applicable. Moreover, it always must be necessary, thus, proportional and can never be solely based on the disability of a person.33 The deprivation of liberty of persons with intellectual and psychosocial disabilities is only lawful if it takes place in a hospital, clinic or another appropriate facility. The goal of the deprivation of liberty must be therapy.34 To regain their liberty, persons with psychosocial and intellectual disabilities have to prove the reduction of or control over their ‘dangerousness’. 35 One step is standing the test of leaving the closed institution for a certain amount of time. It is an incremental process, where persons concerned are granted more and more relaxations of their deprivation of liberty if they master the previous steps successfully. Short and long-term leaves were restricted to prevent the spread of the Coronavirus in detenIn Austria, it was easier to tion facilities and clinics. In Austria and Germany, have more long-term leaves they were suspended, with very few exceptions, in a row due to the change during the first lockdown (approx. March-May of competency in deciding 2020). Persons concerned were not allowed to about them (i.e., prison leave the institution, even if they already had the management instead of the approval to go on long-term leave. On the other court). hand, in Austria, most of those who had been on long-term leave when the lockdown occurred had their leave PROMISING PR AC TICE prolonged multiple times and, thus, could stay In Germany, a reviewing outside for longer than it would have been the court held that a person case without COVID-19. However, it was a ques- concerned had to be releation of pure fortune whether the person was on sed since it was not his fault leave at a specific date. Later, the restrictions on that not all levels of relaxarelaxations eased in Austria and Germany but tions were implemented. were still reduced or under the supervision of PROMISING PR AC TICE 5