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 the National Preventive Mechanism of the United Kingdom of Great Britain and Northern Ireland regarding compulsory quarantine for Coronavirus, adopted at its 40th session (10 to 14 February 2020) The National Preventive Mechanism (NPM) of the United Kingdom of Great Britain and Northern Ireland has asked for advice from the Subcommittee on Prevention of Torture (SPT) concerning the exercise of its mandate in places where persons are held in compulsory quarantine for reasons of public health protection. 1. The SPT notes that Article 4 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) provides that: 1. Each State Party shall allow visits, in accordance with the present Protocol, by the mechanisms referred to in articles 2 and 3 to any place under its jurisdiction and control where persons are or may be deprived of their liberty, either by virtue of an order given by a public authority or at its instigation or with its consent or acquiescence (hereinafter referred to as places of detention). […] 2. For the purposes of the present Protocol, deprivation of liberty means any form of detention or imprisonment or the placement of a person in a public or private custodial setting which that person is not permitted to leave at will by order of any judicial, administrative or other authority. 2. It follows from this definition, read in conjunction with Article 19(a) of the OPCAT concerning the visiting powers of the NPM, that any place where a person is held in quarantine and from which they are not free to leave is a place of deprivation of liberty for the purposes of the OPCAT and so falls within the visiting mandate of an NPM. 3. Although not expressly stated, it is implicit from the structure of the OPCAT that NPM visits may, like those of the SPT be temporarily restricted in accordance with Article 14 (2) of the OPCAT which provides that: 1

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