Advanced Unedited Version Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Advice of the Subcommittee on Prevention of Torture to States Parties and National Preventive Mechanisms relating to the Coronavirus Pandemic (adopted on 25th March 2020) I. Introduction 1. Within the space of a few short weeks, Coronavirus (COVID-19) has had a profound impact on daily life, with many facing imposing severe restrictions upon personal movement and personal freedoms to enable the authorities to better combat the pandemic through public health emergency measures. 2. Persons deprived of their liberty comprise a particularly vulnerable group owing to the nature of the restrictions which are already placed upon them and their limited capacity to take precautionary measures. Within prisons and other detention settings, many of which are severely overcrowded and insanitary, there are also increasingly acute problems. 3. In several countries measures taken to combat the pandemic in places of deprivation of liberty have already led to disturbances both inside and outside of detention facilities, and to the loss of life. Against this background, it is essential that State authorities take full account of all the rights of person deprived of liberty and their families and detention and healthcare staff when taking measures to combat the pandemic. 4. Measures taken to help address the risk to detainees and to staff in places of detention should reflect the approaches set out in this Advice, and in particular the principles of ‘do no harm’ and ‘equivalence of care’. It is also important that there is transparent communication to all persons deprived of liberty, their families and the media concerning the measures being taken and the reasons for them. 5. The prohibition of torture, cruel inhuman or degrading treatment or punishment cannot be derogated from, even during exceptional circumstances and emergencies which threaten the life of the nation.1 The SPT has already issued guidance confirming that formal places of quarantine fall within the OPCAT mandate. 2 It inexorably follows that 1 See UNCAT, Article 2(2) and ICCPR, Articles 4 and 7. of the Subcommittee on Prevention of Torture to the National Preventive Mechanism of the United Kingdom of Great Britain and Northern Ireland regarding compulsory quarantine for 2 Advice

Select target paragraph3