Interim Guidance
COVID-19: Focus on Persons Deprived of Their Liberty
COVID-19 has been declared a global pandemic and as it is spreading, identified vulnerabilities such as the situation
of persons deprived of their liberty in prisons, administrative detention centres, migration detention centres and drug
rehabilitation centres, require a specific focus.
Persons deprived of their liberty might face higher vulnerabilities as the spread of the virus can expand rapidly due to
the usually high concentration of persons deprived of their liberty in confined spaces and to the restricted access to
hygiene and health care in some contexts. International standards highlight that states should ensure that persons in
detention have access to the same standard of health care as is available in the community, and that this applies to all
persons regardless of citizenship, nationality or migration status.
Maintaining health in detention centres is in the interest of the persons deprived of their liberty as well as of the staff of
the facility and the community. The state has the obligation, according to international human rights law1, to ensure the
health care of people in places of detention. If the risks related to the virus in places of detention are not addressed,
the outbreak can also spread to the general public.
The series of messages below aim at assisting OHCHR and UNCT/HCT in addressing the specific issues of persons
deprived of their liberty with the responsible services and ministries (Ministry of Justice/Ministry of Interior/Ministry of
Health/Agencies in charge of migration and rehabilitation centres, etc).
KEY MESSAGES
Engagement & Analysis
Include in your analysis the situation of detention centres and places where persons are deprived of their liberty
taking into consideration the right to non-discrimination and equality in access to healthcare and health services.
Since there is a high risk of the disease affecting persons in these closed or restricted settings, initiate a discussion with the stakeholders on the continued legality, necessity and proportionality of such measures given the
current risks.
Engage with several stakeholders:
- RC/HC and UNCT as well as competent authorities (law enforcement institutions, prison authorities,
judiciary) and ministries (Interior, Home, Justice, Health etc) in order to initiate a discussion and provide
technical advice on using the key messages document. Discussions with key stakeholders should include the impact of any state of emergency and its specific measures to the situation of detention centres, possible opportunities for release and/or non-custodial alternatives to detention. For those individuals for whom continued detention or restrictions on freedom of movement remain necessary and proportionate, the preparedness measures that can be taken to manage the risks.
- Human rights networks, NHRIs and civil society organisations accessing detention centers to gather
information, activate remote monitoring on situation in places of detention and identify advocacy opportunities.
- Detention centres monitoring bodies, including National Human Right Institutions should continue to
have access to places of detention.
- If already established in accordance with the Optional Protocol to the Convention Against Torture2, include the National Preventive mechanisms. 3
Advocacy to decongest the centres of detention
Public authorities should also take immediate steps to address prison overcrowding, including measures to
respect WHO guidance on social distancing and other health measures. Release of individuals, particularly
those detained for offences not recognized under international law, should be prioritized.
Authorities should also be encouraged to look carefully at the legal basis for detention, and release anyone
whose detention is arbitrary or otherwise does not comply with domestic or international standards. Any deprivation of liberty must have legal grounds, must take place in accordance with procedure established by law,
https://www.ohchr.org/EN/Issues/Health/Pages/InternationalStandards.aspx
https://www.ohchr.org/en/professionalinterest/pages/cat.aspx
3 https://www.ohchr.org/EN/HRBodies/OPCAT/Pages/NationalPreventiveMechanisms.aspx
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Inter-Agency Standing Committee (IASC) secretariat (Circulated on: 24 March 2020)
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