ii. Have access to proper medical attention, cases, NPMs have a mandate to monitor these facilities, treatment and care; and ensure that certain conditions and guarantees are respected.113 The implementation and enforcement of iii. Have the right to notify a  third party, to all restrictive measures, must respect basic rules and communicate with family members and principles of law enforcement,114 and respect the pro- legal counsel, even if only possible remote- hibition of arbitrary detention. ly. All persons deprived of liberty placed 1. NEW TYPES OF PLACES OF DEPRIVATION in preventive isolation for health reasons OF LIBERTY should be allowed meaningful human contact every day; 112 and Authorities around the world have established quarantine or confinement centres, for confirmed or suspected iv. Have access to daylight and physical exer- COVID-19 carriers. Such centres constitute a de fac- cise, including outdoors. to place of deprivation of liberty, and fall within NPMs’ d. New physical arrangements observe the same monitoring mandates.115 Quarantine or confinement separation and protective rules regularly in centres have been established in many places, ranging place to protect the physical integrity of peo- from ships, hotels, private homes, to makeshift facilities. ple at higher risk of suffering violence and discrimination from other detainees. Women and Those temporarily held in quarantine are to be treated children in detention, LGBTI people, ethnic or at all times as free agents, except for the limitations religious minorities, members of rival gangs or necessarily placed upon them, in accordance with law criminal factions, sex offenders, police officers and on the basis of scientific evidence, for public health or other law enforcement officials in deten- purposes. They should not be perceived or treated as tion are among those who may be particularly detainees.116 vulnerable. Therefore, monitors should check whether: C. NEW RESTRICTIVE MEASURES IN RESPONDING TO THE PANDEMIC a. The size of the facility is sufficient, with enough space to permit internal freedom of movement; In responding to the pandemic, authorities around the and whether a range of purposive activities are world have adopted restrictive measures of varying offered.117 scope and nature, often applicable to the entire population. In certain circumstances restrictive measures b. Measures and policies are implemented to pro- such as quarantine, curfew or confinement orders can tect those quarantined from suffering any form amount to deprivation of liberty, if people are not allowed of marginalisation or discrimination.118 to leave their public or private custodial setting. In such 112 CPT, Statement of Principles, Principle 8. For the definition of solitary confinement and prohibited practices of isolation, see Nelson Mandela Rules 44 and 45 as well as ODIHR/PRI Guidance on the Nelson Mandela Rules. 113 SPT, ‘Advice to the NPM of the UK regarding compulsory quarantine for coronavirus (COVID-19 virus)’, CAT/OP/9, 31 March 2020. 114 See Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, adopted by the eight UN Congress on the Prevention of Crime and the Treatment of Offenders, 1990.; Code of Conduct for Law Enforcement Officials, A/34/168, December 1979. See also International Committee of the Red Cross (ICRC), ‘International Rules and Standards for Policing’, June 2015. 115 SPT, ‘Advice to the NPM of the UK regarding compulsory quarantine for coronavirus (COVID-19 virus)’, CAT/OP/9, 31 March 2020. 116 SPT, Advice to States and NPMs, para. 10.1, 10.2. 117 SPT, Advice to States and NPMs, para. 10.3. 118 SPT, Advice to States and NPMs, para. 10.6. 27