CAT/OP/11
II. Background and guiding principles3
6.
Persons deprived of liberty, such as persons in prisons and other places of detention,
are likely to be more vulnerable to becoming infected with the virus responsible for COVID19 than the general population because of the confined conditions in which they live together
for prolonged periods of time.4
7.
Prison and other detention authorities need to ensure that the human rights of those in
their custody are respected during the pandemic, that people are not cut off from the outside
world and – most importantly – that they have access to information and the adequate
provision of health care.5
8.
The provision of health care for prisoners is a State responsibility. Prisoners should
enjoy the same standards of health care that are available in the community, and they should
have access to necessary health-care services free of charge without discrimination on the
grounds of their legal status.6
9.
National preventive mechanisms should take every precaution to observe the “do no
harm” principle. During a pandemic, monitoring experiences indicate that, in order to avoid
causing harm, members of visiting teams should respect the established planning,
management and methodology of protocols in place, and the guidelines in place in the State
party, at all times.7
10.
All measures taken to address the pandemic affect different groups of persons
deprived of liberty differently, in particular, the most vulnerable categories in detention
contexts, including women, children, older persons and lesbian, gay, bisexual, transgender
and intersex persons. Keeping this in mind, adequate safeguards should be in place while
addressing the COVID-19 emergency in prisons and other places of detention, including
those safeguards that can ensure a gender-responsive approach.
III. Before the visit
A.
Planning
11.
All members of the national preventive mechanism must endeavour to be aware at all
times of the standard protective measures recommended by the World Health Organization
(WHO) for the COVID-19 pandemic. In consideration of the ever-evolving nature of the
pandemic, national preventive mechanisms should remain informed of relevant guidance and
instruments.
12.
National preventive mechanisms are invited to set specific objectives for each visit in
order to reduce time inside institutions, determine the scope of visit and minimize exposure
to the virus for all involved.
3
4
5
6
7
2
See Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000); and the
United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules).
See also OHCHR, “High Commissioner updates the Human Rights Council on human rights
concerns, and progress, across the world”, 27 February 2020; and the advice provided by the
Subcommittee to the National Preventive Mechanism of the United Kingdom of Great Britain and
Northern Ireland regarding compulsory quarantine for COVID-19 (CAT/OP/9).
World Health Organization, Regional Office for Europe, “Preparedness, prevention and control of
COVID-19 in prisons and other places of detention: interim guidance”, 8 February 2021.
Penal Reform International, “Coronavirus: healthcare and human rights of people in prison”, 16
March 2020.
United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules),
rule 24.
National Mechanism for the Prevention of Torture of Paraguay, “Propuesta metodológica: Trabajo de
monitoreo frente a la emergencia sanitaria COVID-19”, April 2020 (in Spanish only). Available at
www.mnp.gov.py/index.php/investigacion-social/2015-08-23-04-10-11/Documentos-detrabajo/Propuesta-Metodol%C3%B3gica-Trabajo-de-Monitoreo-frente-a-la-Emergencia-SanitariaCOVID-19/.