9.
Given the heightened risk of contagion between those in custodial and other detention
settings, the SPT urges all States to:
1) Conduct urgent risk assessments to identify those most at risk within the
detained populations, and taking account of all particular vulnerable groups;
2) Reduce prison populations and other detention populations wherever possible
by implementing schemes of early, provisional or temporary release for those
detainees for whom it is safe to do so, taking full account of non-custodial
measures indicated as provided for in the Tokyo Rules;
3) Place particular emphasis on places of detention where occupancy exceeds the
official capacity, and where the official capacity is based on square metre-age
per person which does not permit social distancing in accordance with the
standard guidance given to the general population as a whole;
4) Review all cases of pre-trial detention in order to determine whether it is strictly
necessary in the light of the prevailing public health emergency and to extend
the use of bail for all but the most serious of cases;
5) Review the use of immigration detention and closed refugee camps with a view to reducing
their populations to the lowest possible level;
6) Release from detention should be subject to screening in order to ensure that
appropriate measures are put in place for those who are either positive or are
particularly vulnerable to infection;
7) Ensure that any restrictions on existing regimes are minimised, proportionate to
the nature of the health emergency, and in accordance with law;
8) Ensure that the existing complaints mechanisms remain functioning and
effective;
9) Respect the minimum requirements for daily outdoor exercise, whilst also
taking account of the measures necessary to tackle the current pandemic;
10) Ensure that sufficient facilities and supplies are provided (free of charge) to all
who remain in detention in order to allow detainees the same level of personal
hygiene as is to be followed by the population as a whole;
11) That where visiting regimes are restricted for health-related reasons, provide
sufficient compensatory alternative methods for detainees to maintain contact
with families and the outside world, for example, by telephone, internet/e mail,
video communication and other appropriate electronic means. Such contacts
should be both facilitated and encouraged, be frequent and free;
12) Enable family members or relatives to continue to provide food and other
supplies for the detainees, in accordance with local practices and with due
respect for necessary protective measures;
13) Accommodate those who are a greatest risk within the remaining detained
populations in ways which reflect that enhanced risk, whilst fully respecting
their rights within the detention setting;
14) Prevent the use of medical isolation taking the form of disciplinary solitary
confinement; medical isolation must be on the basis of an independent medical
evaluation, proportionate, limited in time and subject to procedural safeguards;
15) Provide medical care to detainees who are in need of it, outside of the detention
facility, whenever possible;
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