d. All the regular measures to document and in- cases of COVID-19, and that the pandemic vestigate cases of death in custody are main- does not allow for exception in that regard tained,104 including for suspected or confirmed CURRENT PRACTICE – ENABLING EFFECTIVE IMPLEMENTATION OF SAFEGUARDS In Serbia, the Protector of Citizens issued an opinion to the Ministry of Justice about the exercise of the right to a fair trial and called on the ministry to take all measures within its competence to allow access to alternative means of communication (videoconferencing) between defendants and their defence attorney. In Norway, the Directorate of the Norwegian Correctional Services issued updated guidelines stating that representatives from police/prosecution and defence lawyers “should be urged to, and be provided with the possibility to, conduct communication with the client using a video-link.” The Norwegian correction services plan to provide 800 tablets for this purpose.105 4. ISOLATION AND CONFINEMENT AREAS in the scrutiny of measures such as the placement of incoming detainees in preventive isolation. In many places of deprivation of liberty, confirmed or suspected COVID-19 patients are placed in areas Therefore, monitoring bodies should verify whether: segregated or separated from the general population. Quarantine areas are also used to preventively isolate a. Isolation or confinement is limited in time,109 pro- those entering prison from the general population for portionate, subject to procedural safeguards the first 14 days after their arrival. and imposed on the basis of an independent medical evaluation only, never as a disciplinary measure of punishment.110 According to existing standards, the pandemic is not justification to undermine the observance and respect of all fundamental rights that must be assured to any b. People are isolated in dignified conditions, with- person deprived of liberty.106 In their efforts to prevent out undue or excessive restrictions on their the spread of the virus, the detaining authorities cannot rights, and that the measures do not constitute take measures that violate the human rights of those it de facto solitary confinement. aims to protect and must review the necessity and proportionality of these measures regularly.107 The PLANN c. Measures are in place to guarantee that per- (proportionality, lawfulness, accountability, necessity sons deprived of liberty: and non-discrimination) principles developed by the CPT may constitute useful guidance for both national i. Are informed of the reason for their authorities and NPMs.108 These principles are relevant confinement;111 104 See, Inter-American Commission on Human Rights (IACHR), ‘Report on the Human Rights of Persons Deprived of Liberty in the Americas’, 2011, para. 271. 105 Europris, Directorate of Norwegian Correctional Service, ‘Prevention Measures in European Prisons against COVID-19’, 23 March 2020. 106 WHO, Interim Guidance; Relevant rules include in particular: Nelson Mandela rules, Bangkok Rules. 107 For relevant considerations, see CPT, 21st General Report, 2011 (at para. 55); Mandela Rules, Rule 37; European Prison Rules, Rule 3. 108 CPT, 21st General Report, 2011, para. 55. 109 IASC, Interim Guidance, page 5. 110 SPT, Advice to States and NPMS, para. 9.14. 111 WHO, Interim Guidance. 26