Information on mitigating measures provided to persons deprived of their liberty as well as their families should
be in languages and formats that are understandable and accessible by all, clear, and accurate. They should
explain that the detention center is taking measures to protect the health of persons deprived of their liberty
and the public at large. Any restrictions on rights and freedoms must be consistent with international human
rights norms and principles, including legality, proportionality, necessity and non-discrimination.
Measures taken to prevent outbreaks in detention centres
While legitimate measures are needed to prevent outbreaks of COVID-19 in prisons, authorities need to ensure
human rights are respected. The procedural guarantees protecting liberty of person may never be made subject
to measures of derogation that would circumvent the protection of non-derogable rights. In order to protect
non-derogable rights, including the right to life and prohibition of torture, the right to take proceedings before a
court to enable the court to decide without delay on the lawfulness of detention must not be diminished by
measures of derogation9.
There should be no restrictions to meet with legal counsel, and prison authorities should at least ensure that
lawyers can speak with their client confidentially. Halting hearings may in fact exacerbate the risk of coronavirus
in places of detention. In an officially declared state of emergency, States may not deviate from fundamental
principles of fair trial, including the presumption of innocence10.
Authorities should also guarantee the maximum transparency in the adoption of preventive measures and a
constant monitoring of their application. The substitution of family visits by other measures, such as videoconferences, electronic communication and increased telephone communications (pay phones or mobile phones)
may require sustained organizational effort from the place of detention administration. Information about the
measures should be provided to detainees. Any interference with privacy or family must not be arbitrary or
unlawful.11
Isolation or quarantine measures in places of detention must be legal, proportional and necessary, time-bound,
subject to review and must not result in de facto solitary confinement. Quarantines should be time limited and
should only be imposed if no alternative protective measure can be taken by authorities to prevent or respond
to the spread of the infection.12
Staff in charge of detention centres
Rights of detention centres’ staff must be respected. Senior management should be proactive in planning the
work of members of staff during the COVID-19 pandemic, share the emergency preparedness plan, and provide support for relatives of members of staff carrying out critical functions. Specific training should be provided
to all staff to increase knowledge, skills and behaviours related to necessary healthcare and hygiene provisions.13 Prison staff should be provided with soap, hand sanitizer and personnel protective equipment.
Article 9 of the ICCPR and General Comment No.35.
Human Rights Committee General Comment No.29.
11 Article 17 of the ICCPR.
12 Coronavirus: Healthcare and human rights of people in prison, p 8, Briefing Note 16 March 2020, Penal Reform International,
https://cdn.penalreform.org/wp-content/uploads/2020/03/FINAL-Briefing-Coronavirus.pdf.
13 Coronavirus: Healthcare and human rights of people in prison, p 10, Briefing Note 16 March 2020, Penal Reform International,
https://cdn.penalreform.org/wp-content/uploads/2020/03/FINAL-Briefing-Coronavirus.pdf.
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Inter-Agency Standing Committee (IASC) secretariat (Circulated on: 24 March 2020)
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