European Committee for the Prevention of Tortureand Inhuman or Degrading Treatment or Punishment(CPT)

CPT/Inf(2020)13

Statement of principles
relating to the treatment of persons deprived of their liberty
in the context of the coronavirus disease (Covid-19) pandemic
issued on 20 March 2020
The Coronavirus disease (Covid-19) pandemic has created extraordinary challenges for the authorities of all member
States of the Council of Europe. There are specific and intense challenges for staff working in various places ofdeprivation of liberty, including police detention facilities, penitentiary institutions, immigration detention centres,
psychiatric hospitals and social care homes, as well as in various newly established facilities/zones where persons areplaced in quarantine. Whilst acknowledging the clear imperative to take firm action to combat Covid-19, the CPT mustremind all actors of the absolute nature of the prohibition of torture and inhuman or degrading treatment. Protective
measures must never result in inhuman or degrading treatment of persons deprived of their liberty. In the CPT’s view,the following principles should be applied by all relevant authorities responsible for persons deprived of their liberty
within the Council of Europe area.
1) The basic principle must be to take all possible action toprotect the health and safety of all persons deprived of theirliberty. Taking such action also contributes to preserving thehealth and safety of staff.
2) WHO guidelines on fighting the pandemic as well as
national health and clinical guidelines consistent withinternational standards must be respected and implemented
fully in all places of deprivation of liberty.
3) Staff availability should be reinforced, and staff should
receive all professional support, health and safety protection as
well as training necessary in order to be able to continue tofulfil their tasks in places of deprivation of liberty.
4) Any restrictive measure taken vis-à-vis persons deprived of
their liberty to prevent the spread of Covid-19 should have alegal basis and be necessary, proportionate, respectful of
human dignity and restricted in time. Persons deprived of theirliberty should receive comprehensive information, in alanguage they understand, about any such measures.
5) As close personal contact encourages the spread of the virus,
concerted efforts should be made by all relevant authorities toresort to alternatives to deprivation of liberty. Such an
approach is imperative, in particular, in situations ofovercrowding. Further, authorities should make greater use ofalternatives to pre-trial detention, commutation of sentences,
early release and probation; reassess the need to continue
involuntary placement of psychiatric patients; discharge orrelease to community care, wherever appropriate, residents ofsocial care homes; and refrain, to the maximum extent
possible, from detaining migrants.

6) As regards the provision of health care, special attention will
be required to the specific needs of detained persons withparticular regard to vulnerable groups and/or at-risk groups,
such as older persons and persons with pre-existing medicalconditions. This includes, inter alia, screening for Covid-19
and pathways to intensive care as required. Further, detainedpersons should receive additional psychological support fromstaff at this time.
7) While it is legitimate and reasonable to suspend nonessential activities, the fundamental rights of detained persons
during the pandemic must be fully respected. This includes inparticular the right to maintain adequate personal hygiene(including access to hot water and soap) and the right of daily
access to the open air (of at least one hour). Further, any
restrictions on contact with the outside world, including visits,
should be compensated for by increased access to alternativemeans of communication (such as telephone or Voice-overInternet-Protocol communication).
8) In cases of isolation or placement in quarantine of a detained
person who is infected or is suspected of being infected by theSARS-CoV-2 virus, the person concerned should be provided
with meaningful human contact every day.
9) Fundamental safeguards against the ill-treatment of persons
in the custody of law enforcement officials (access to a lawyer,
access to a doctor, notification of custody) must be fully
respected in all circumstances and at all times. Precautionary
measures (such as requiring persons with symptoms to wear
protective masks) may be appropriate in some circumstances.
10) Monitoring by independent bodies, including National
Preventive Mechanisms (NPMs) and the CPT, remains anessential safeguard against ill-treatment. States should continue
to guarantee access for monitoring bodies to all places ofdetention, including places where persons are kept inquarantine. All monitoring bodies should however take every
precaution to observe the ‘do no harm’ principle, in particularwhen dealing with older persons and persons with pre-existing
medical conditions.