Isolation or quarantine measures must be proportionate, authorised in law and not
result in de facto solitary confinement
Any decision to quarantine or isolate people in detention should only be taken following an
independent medical assessment and be proportionate to the risk posed. This assessment should
be transparently communicated with the persons concerned. Furthermore, the medical
assessment should allow for the measure to be time limited. Quarantines should only be imposed
if no alternative protective measure can be taken by the prison management to prevent or
respond to the spread of the infection.
During isolation or a quarantine, the conditions and regime should at a minimum, meet the
standards set out in the UN Nelson Mandela Rules. During a quarantine or isolation there should
be open and clear communication by prison management, including in regard to the provision of
food, drinks, sanitary items and medicine, and contact with the outside world.
Fair trials and the right to legal counsel
Measures limiting access to prisons and
quarantines may in effect prevent people in
prison from attending their court hearings,
meetings with parole boards or meetings
with their legal counsel, which is particularly
relevant for people in pre-trial detention.
In Israel, all entries and exits from the
Moscovia Detention Centre were blocked
pending test results. The prison has stated it
will not take detainees to court.
In New York (US), following court orders,
inmates held at Metropolitan Correction
Center will not be admitted in court if they
have high temperatures.14 In the State of
Washington (US), federal courts in Tacoma
and Seattle have postponed jury and grand
jury trials in response to the coronavirus.15
In Italy, as most criminal trials are
suspended, there will be closed courtrooms
without defendants held in pre-trial
detention present to prevent spreading of
‘Coronavirus: Federal Judge In NY Orders Inmates To
Get Temperatures Checked’, 9 March 2020, available at
https://www.msn.com/en-us/news/crime/coronavirusfederal-judge-in-ny-orders-inmates-to-gettemperatures-checked/ar-BB10SB9M.
14
COVID-19 to other people in detention,
raising concerns of fair trial guarantees.
No health measure can in any case justify
restrictions to meet with legal counsel. If
prison management is under the impression
that lawyers should not access the facilities,
they must at least ensure that lawyers can
speak with their clients in an unhindered way
online or over the phone.
Blanket measures restricting access to courts
and legal counsel are inadmissible and
effectively keep some individuals who could
see their sentence reduced or who could
qualify for early release being detained, and
therefore at risk of the serious consequences
of being in prison during a COVID-19
outbreak. Moreover, pausing or slowing
down criminal justice processes results in
more people being detained, increasing
levels of overcrowding and pressure on
detaining authorities.
‘Federal courts for Western Washington cancel jury
trials amid coronavirus outbreak’, 6 March 2020,
available at
https://www.thenewstribune.com/news/local/article24
0974361.html#storylink=cpy.
15
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