I. INTRODUCTION
The COVID-191 pandemic has placed much of the world’s
National Preventive Mechanisms (NPMs),4 which under
population in some form of isolation, confinement or
the UN Optional Protocol to the Convention against
quarantine. In this extraordinary situation, deprivation of
Torture (OPCAT) have the mandate to monitor all plac-
liberty has taken on new dimensions. People detained
es of deprivation of liberty, play an especially crucial
prior to the pandemic have seen their rights restricted
role in ensuring the humane treatment of any person
further and are exposed to greater health risks. Many
deprived of their liberty and in preventing torture and
others have had their freedoms severely curtailed, some-
other ill-treatment in this context. The ongoing pandemic
times resulting in deprivation of liberty. Behind closed
raises new challenges for NPMs with respect to their
doors, far from public scrutiny, a person deprived of lib-
monitoring functions, as access to detention facilities
erty faces risks of suffering cruel, inhuman, degrading
has been severely restricted in almost all OSCE par-
treatment (ill-treatment), and even torture. These risks
ticipating States. Likewise, the risk of infection for the
are significantly heightened during public health emer-
monitors themselves, as well as individuals deprived
gencies.2 All people working in facilities of deprivation of
of their liberty and staff, has reached unprecedented
liberty, whether correctional staff, healthcare profession-
levels. NPMs have been forced to adapt their working
als, social workers, or other support staff, are also under
methods and approaches, and a vast majority of them
great pressure, facing increased risks to their physical
have resorted to “remote” monitoring.
and mental health, often in precarious working conditions.
The present circumstances, and the responses of some
In closed facilities such as prisons, pre-trial detention
state authorities (confinement, curfew, additional restric-
facilities, police lock-up cells, immigration or juvenile
tions for persons deprived of liberty, etc.), make the role
detention centres, psychiatric institutions, and aged or
of NPMs in preventing torture and other ill-treatment and
social care homes, residents are under the care and
protecting those deprived of liberty both more pressing
control of the authorities for most aspects of their daily
and more difficult. This guidance aims to provide practi-
lives. In such contexts, failing to protect persons de-
cal guidance on how NPMs can continue their monitor-
prived of liberty from a serious disease as a result of
ing functions in order to address these challenges. It is
a lack of precaution or due diligence may amount to
informed by research and consultations with over forty
ill-treatment or even torture.
NPMs from across OSCE region and beyond.5
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3
For more information about COVID-19, the disease caused by the novel coronavirus, and the pandemic, see the World Health
Organization (WHO) resources at <https://www.who.int/emergencies/diseases/novel-coronavirus-2019>.
UN Subcommittee for the Prevention of Torture (SPT), ‘Advice of the Subcommittee on Prevention of Torture to States
Parties and National Preventive Mechanisms relating to the Coronavirus Pandemic’ (hereafter SPT, Advice to States and
NPMs), 25 March 2020, para. 7.
See e.g. UN Special Rapporteur on torture and other cruel inhuman or degrading treatment, ‘Interim report’, A/68/295, 9 August
2013, para. 50: or OHCHR COVID-19 Dispatch – Number 2 at <https://www.ohchr.org/Documents/Issues/Executions/
HumanRightsDispatch_2_PlacesofDetention.pdf>.
See United Nations, Optional Protocol to the Convention Against Torture (hereafter OPCAT), 2006, Art. 3; OHCHR, ‘Preventing
torture: the role of National Preventive Mechanisms – A practical guide’, Professional training series, No. 21, 2018; APT,
‘National Preventive Mechanisms’.
APT and ODIHR have collected the NPM practices presented in this document through webinars and online discussions with NPMs
from the OSCE and all other regions of the world from 24 March to 15 May 2020.
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