COVID-19

‘Canada drags its feet on international convention against torture’

In a rare Canadian in-depth news article on the OPCAT, journalist Lital Khaikin throws a critical spotlight on Canada’s continued failure to ratify the instrument. Launched in Canadian Dimension on 18 September 2020 as the first in a three-part OPCAT article series, Lital Khaikin questions why Canada has singularly failed to move ahead with the OPCAT torture-prevention instrument, despite repeated global pledges and statements to do so.

This failure is all the more worrying at a time when the COVID-19 pandemic has hit down hard on multiple closed institutional settings in the country, especially long-term care homes for the elderly.

The overall investigative thrust of three-part series is described by the author in the following terms:

This is the first article in a three-part series on Canada’s historical reluctance to ratify the United Nations’ Optional Protocol with the Convention against Torture (OPCAT). Despite being one of the early champions of this international law that exists to prevent torture in civilian and military detention centres, Canada has still not officially adopted the agreement. The first article examines the lack of transparency and bureaucratic reticence toward OPCAT. The second part examines the circumstances in Canadian detention centres—and other care and medical environments—that urgently call for this greater accountability. The third part examines precedents in Canadian military use of torture alongside Canada’s spotty human rights track record.

The Canadian Dimension series’ broader focus on detention and the need for greater transparency arrives at a crucial time, regrettably more so as the OPCAT project seems to have hit the buffers in Canada. Otherwise put, the repeated international calls for Canada to move ahead with the ratification of the instrument have seemingly fallen on deaf ears.

Solitary -DieselDemon (2010).

In this first article for Canadian Dimension Lital Khaikin interviews leading Canadian human rights advocates, including the current Correctional Investigator, Dr. Ivan Zinger, who has long urged Canada to sign and ratify the instrument. Ezat Mossallanejad, Settlement Counsellor and Policy Analyst at the Toronto-based Canadian Centre for Victims of Torture, also weighs into this long overdue discussion, offering several unique and invaluable historical insights.

The Canada OPCAT Project even raises its ugly head at the end of the article with a deliberately pointed comment about the lack of overall transparency, openness and inclusiveness of the national discussion process on OPCAT ratification.

Paradoxically, while Canada’s fourth estate frequently advances scathing commentaries on the on-going elderly care home scandal, under-age migrants held in detention, the shoddy material condition of parts of Canada’s prison estate, the widespread overuse of solitary confinement in detention, and the shocking ‘Indigenization’ of the overall prison population, to name just a few contemporary media concerns, very rarely do Canadian journalists ever join the dots up and make the linkage with the country’s overall weak national patchwork of independent oversight of detention. Journalist Lital Khaikin attempts to do just that in this new series of articles.

In a nutshell, for regulars, and even irregulars to the Canada OPCAT Project website, this article is a must read.


Read ‘Canada drags its feet on international convention against torture’ by Lital Khaikin, published in Canadian Dimension on 18 September 2020.

Read Lital Khaikin’s numerous previous Canadian Dimension articles.

Find out more about Canadian Dimension and consider making a donation to the news forum.

Posted by mp in Canada, COVID-19, OPCAT, 0 comments

Webinar ‘COVID-19 and North American Corrections: Lessons for Australia’

If you missed this now past webinar, you can watch it on demand here.

The related PowerPoint presentations can also be accessed here.

***

Depending upon exactly where you are in the world, set to take place on either 7th or 8th September, this is a webinar you will not want to miss out on! Incurable Australian OPCAT enthusiast Steven Caruana has pulled together yet another first-class panel of speakers, this time to reflect on the critical question of whether there are any key lessons for Australia from how the USA and Canada have responded to the current COVID-19 pandemic in prisons.

The spotlight will first fall on Canada, whose prisons – so far at least – have appeared to have escaped the very worst ravages of the current pandemic. This timely discussion will be led by the current Canadian Correctional Investigator, Ivan Zinger, followed by Ontario Independent Advisor on Corrections, Howard Sapers, and leading Public Health and Preventive Medicine Physician, Fiona Kouyoumdjian.

In stark contrast, as has been widely documented, many prison institutions south of the 49th parallel find themselves in truly dire straits. The current state of affairs in the USA will be explored by leading medical experts, Homer Venters and Brie Williams, and penal reform activist Adnan Khan. Please click on the biographies of the different speakers to find out more about the webinar presenters.

As the webinar host, Thalia Anthony, a penal reform activist and law professor at the University of Technology in Sydney, will pull the discussion tightly together and coax out the most relevant COVID-19-related lessons for prison institutions in Australia.

During these different presentations webinar viewers will learn at first hand about the respective COVID-19 prison situations in Australia, Canada and USA, whether restrictive locked-down regimes have succeeded in protecting prisoners and staff alike, and whether prison decarceration has been an effective solution in countering the worsening pandemic.

You can watch the webinar on Zoom by requesting an invitation from Steven Caruana: steven_caruana1@hotmail.com. Please send requests early, as participation is limited to 400 persons and the seats are sure to fill up quickly!

Viewers in Ottawa/New York can watch the webinar at 7 pm on Monday 7th September 2020.

Viewers in Australia should tune into the webinar at 9 am on Tuesday 8th September (Australian Eastern Standard Time).


In the meantime, why not spend the next week exploring several of the other exciting seminars in the current series? Take a look below:

  • Human Rights and Detention in the time of COVID-19watch here;
  • The Relationship Between Civil Society and the National Preventive Mechanismwatch here;
  • Culturally Appropriate Oversight of Detained Aboriginal & Torres Strait Islander People in the Northern Territorywatch here;
  • Implementing OPCAT in Australiawatch here.

Many thanks to Steven Caruana for all of the above information and links.

Posted by mp in COVID-19, Prisons

Reduce Prison Overcrowding, Reduce The Spread of COVID-19

Desperate times require bold thinking and even bolder measures, it has sometimes been argued, and the Copenhagen-based NGO Dignity have being doing just that in recent weeks.

In the run up to the International Day in Support of Victims of Torture the NGO, Dignity – Danish Institute Against Torture, has issued yet another top-rate, highly practical publication which tackles head-on the urgent need to reduce prison populations during the on-going pandemic.

This stunningly good new publication, titled Guidance Document on Reducing Overcrowding in Pre-Trial Detention and Prison in the Context of COVID-19 – Increasing the Use of Non-Custodial Measures, has been penned by Dignity’s long-time Legal Director Therese Maria Rytter and Legal Advisor Kalliopi Kambanella, and it arrives at a time when more and more of us are allowing ourselves to believe that perhaps this troublesome COVID-19 will soon be licked? However, are we jumping to a much-wished-for conclusion too soon?

Just this week, leading Canadian academics Rosemary Ricciardelli and Sandra Bucerius published a highly thoughtful, superbly argued article as part of the Royal Society of Canada’s COVID-19 Series, which, among its numerous excellent points, questioned whether the Canadian prison estate might be in for a second COVID-19 wave?

In the opinion piece, titled ‘Canadian prisons in the time of COVID-19: Recommendations for the pandemic and beyond’, which was also featured in the Globe and Mail on 23 June 2020, the authors wrote:

While the spread of COVID-19 has mostly been kept at bay in Canadian prisons (with some institutions having had concerning outbreaks, such as Mission Institution in British Columbia and the Multi-level Federal Training Centre in Quebec), we are not suggesting that fear of contagion has dissipated for staff, prisoners, and those who care for said persons. As Canada prepares for a potential second wave of COVID-19, CSC and the provincial/territorial governments must continue to undertake structured and informed decarceration efforts (i.e. efforts directed at reducing the number of people housed in Canadian prisons). While undoubtable not a simple undertaking, such actions would be in line with recommendations made by the UN and by a working group of the Council for Penological Co-operation (PC-CP) of the Council of Europe (who released a “COVID-19 related statement” in April 2020).

Simply put, for those Canadians who think they may have made it through the worst of it – prison administrators included – then please think again. Fortuitously, in this very same connection, Dignity’s newly launched Guidance Document gives us much to reflect on.

Reduce, reduce, reduce…

The accompanying press-release outlines the publication’s overall purpose:

The world is facing an unprecedented public health emergency due to the COVID-19 pandemic. The pandemic comes at a time when the global prison population is record high with 11 million prisoners worldwide and with over 124 states reporting prison overcrowding. Globally, the pandemic has exposed and accelerated the detrimental consequences of chronic overcrowding in places of detention.

The pandemic warrants resolute action by states to reduce the prison population as an imperative for preventing an outbreak within the prison and, in turn, within society. Without compromising public safety, states must limit new admissions to prison and accelerate the release of certain categories of prisoners. To this end, states should consider increased use of non-custodial alternatives to detention and imprisonment.

Juvenile Detention Centre – Stuart McAlpine (2011).

Dignity’s two authors explain in 25 or so pages of useful, practical detail how such a reduction in a country’s prison population might be achieved in reality. The publication examines non-custodial measures at three main stages of the criminal justice process, namely (1) the pre-trial stage, (2) trial and sentencing stage, and (3) post-trial stage. In doing so, the authors draw on positive penal practice from across the globe in the context of the current global health emergency.

At the pre-trial stage, for example, non-custodial measures might include home arrest, reporting obligations, restrictions on leaving or entering a specific space without authorization, retention of travel documents, bail or bond, supervision by specific agency, and electronic monitoring. Country examples from India, Jordan and The Netherlands are cited.

At the trial and sentencing stage non-custodial measures might comprise fines, suspended or deferred sentences, probation or judicial supervision, community service, diversion to treatment, restrictions on movement, and electronic monitoring, with brief country examples offered from Thailand, Malaysia, USA and Norway.

Finally, at the post-trial stage non-custodial measures envelop an array of country examples in relation to non-custodial measures. These include parole or early conditional release, temporary release, compassionate release, pardon or amnesty, and electronic monitoring. In this section of the publication there are too many country examples to enumerate in these short pages – so just see for yourself.

Regrettably, Canada is not cited as an example in any of these three stages, despite there having emerged certain positive examples of non-custodial measures being employed at the provincial level, Ontario in particular. Even so, Dignity’s excellent publication warrants a much closer inspection.

And if those home-schooled children and maddeningly annoying bosses of yours have – once again – worn you down to the bone and you are even more time-poor than usual, you can always read the publication’s Executive Summary or overview of non-custodial measures. Busy parents of the world rejoice!

Finally, on a personal note, as we approach yet another International Day in Support of Victims of Torture on 26 June, the Canada OPCAT Project salutes and thanks you for your unflagging commitment to the cause. As our motley collection of posters remind us, a better torture-free world is one day possible.


Read Reducing Overcrowding in Pre-Trial Detention and Prison in the Context of COVID19 (23 June 2020) and the related press release.

Explore Dignity’s Legal Fact-sheets.

Read Rosemary Ricciardelli and Sandra Bucerius’ Royal Society of Canada COVID-19 Series article, ‘Canadian prisons in the time of COVID-19: Recommendations for the pandemic and beyond’.

Explore UNODC’s and the Thailand Institute of Justice’s highly rated Toolkit on Gender-Responsive Non-Custodial Measures.

Posted by mp in COVID-19, Places of detention, Prisons

Public Health Emergencies & Arbitrary Detention

Shudder to think that Canada might ever be plagued by anything worse than the current Covid-19 public health emergency. Yet the reality is that more than just a few unlucky countries are often beset by outbreaks of disease, sometimes both frequently and severely.

Whether the outbreaks are global, regional or national in scope, Cholera, Influenza, Plague, Smallpox, Ebola, Rift Valley Fever, Meningitis, Yellow Fever, Zika, SARS, Monkeypox and numerous other frighteningly sounding maladies typically afflict the inhabitants of such far less fortunate countries.

As someone who lived in West Africa during the 2014-2015 Ebola crisis, Covid-19 is one of just a number of dreadful blights out there, believe you me.

Yet even when such epidemics do visit upon a society, it is clear that those entities wielding power must not deprive persons of their liberty in an arbitrary manner, whether they be persons perceived to be suffering from a given health condition or otherwise.

Recently the UN Working Group on Arbitrary Detention (WGAD) issued an excellent new thematic position paper (known as a ‘Deliberation’) on ‘the prevention of arbitrary deprivation of liberty in the context of public health emergencies‘. From the title of the document, it is axiomatic that the principles contained therein would apply to an array of public health emergencies, and not just the present Covid-19 crisis.

In the accompanying press release, the UN Working Group recalled that:

…the prohibition of arbitrary detention is absolute even during times of public emergencies and urged governments worldwide to prevent arbitrary deprivation of liberty in the context of the measures currently adopted for controlling the spread of the COVID-19 virus.

The statement continued:

In its newly adopted Deliberation No. 11, the expert group establishes a set of guidelines to prevent arbitrary deprivation of liberty during public health emergencies, stressing that any control measures “must be publicly declared, be strictly proportionate to the threat, be the least intrusive means to protect public health and imposed only while the emergency lasts”.

The Storm Breaks – Tim Sackton (2012)

What has any of the above to do with Canada, you might reasonably ask? In a word, the risk of arbitrary detention exists anywhere, more so during times of national crisis when emergency powers are resorted to or are legislated in quick measure.

What is more, a closer glance at the UN Working Group position paper reveals a wealth of advice and guidance of direct relevance to the Canadian context. In particular, paragraphs 12 to 16 literally jump off the page. For instance:

The Working Group … calls upon all States to pay particular attention to the requirements of necessity and proportionality of deprivation of liberty in the context of public health emergencies, such as the newly emerging emergency related to the COVID-19 pandemic. (12)

In particular, States should urgently review existing cases of deprivation of liberty in all detention settings to determine whether the detention is still justified as necessary and proportionate in the prevailing context of the COVID-19 pandemic. In doing so, States should consider all alternative measures to custody. (13)

In view of the hotly-debated point of discussion whether the federal, provincial and territorial authorities have taken sufficiently swift steps to address existing levels of incarceration during the current public health emergency, the above excerpts are highly relevant. One need only peruse the multiple daily news articles on this topic, as featured on this website, to see why.

Arbitrary Limitations – Marcin Wichary (2008).

Similarly, paragraph 15 of the Working Group’s Deliberation echoes current calls to ensure that certain categories of detainees are released from detention in Canada, as follows:

The Working Group is aware that COVID-19 mostly affects persons older than 60 years of age, pregnant women and women who are breastfeeding, persons with underlying health conditions, and persons with disabilities. It therefore recommends that States treat all such individuals as vulnerable. States should also refrain from holding such individuals in places of deprivation of liberty where the risk to their physical and mental integrity and life is heightened.

And not forgetting Deliberation paragraph 16, which states the following:

Lastly, noting that overcrowding and poor hygiene pose a particular risk of spreading COVID-19, States should seek to 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 … Noting the obligation arising from the Convention on the Rights of the Child of not detaining children, particular consideration should be given to releasing children and women with children, and also those serving sentences for non-violent crimes.

Readers can make their own minds up whether the guidance in the above paragraphs has been followed across-the-board in Canada in the light of current day conditions. Clearly, certain provinces have acted more quickly than others, while federal prison decarceration has to date been limited.

Finally, as regards Canada’s severe, on-going case of OPCAT stupor, Deliberation No. 11 offers a much-needed tonic:

The Working Group encourages States to ratify the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and States that are a party thereto to adhere to the advice of the Subcommittee on Prevention of Torture to States parties and national preventive mechanisms relating to the coronavirus pandemic.
(30)

The Working Group has also underscored a key point previously advanced by other influential actors:

The Working Group acknowledges the particular challenges that the prevailing public health emergency poses to such independent oversight as those involved in human rights monitoring seek to uphold the principle of “do no harm”. However, the prevailing public health emergency cannot be used as a blanket justification to prevent all such independent oversight. The Working Group calls upon all States to allow visits of independent oversight mechanisms to all places of deprivation of liberty during the COVID-19 pandemic and other public health emergencies. Due consideration should be given to such practical measures as staggering the visits of oversight bodies, allowing for extra telephone and internet contact and establishing hotlines and the use of personal protection equipment. (29)

In this respect the Working Group echoes other United Nations and Council of Europe advice, a conundrum recently discussed in-depth on this website.

In addition to the overall goldmine of human rights guidance and instruction contained in the paper, Deliberation No. 11 also lays down how any returning refusenik Snowbirds, or anyone else reluctant to self-quarantine for that matter, should be dealt with by the authorities. But readers will have to turn to paragraphs 8 and 19 of this first-class contribution to find out more.


Read UN Working Group on Arbitrary Detention, Deliberation No. 11 on prevention of arbitrary deprivation of liberty in the context of public health emergencies. Read the accompanying press release.

Find out more about the work of the WGAD.

Explore the WGAD’s other Deliberations.

Will the WGAD ever undertake a fact-finding visit to Canada? Read more.

Posted by mp in Arbitrary detention, COVID-19, OPCAT, Oversight bodies, Places of detention

COVID-19: Should I Stay Or Should I Go Now?

This troublesome question of whether to stay or to go is one not just to afflict a famous English punk rock band some four decades ago. Rather, it is one today to rack the human rights hearts and minds of detention oversight mechanisms from all over – in this new, but far less brave COVID-19 world of ours.

Boiled down, the burdensome decision to be reached is whether inspection bodies, OPCAT mechanisms or not, should continue to exercise their core detention visiting function in the wake of the current, seemingly quickly deteriorating global health pandemic? At first blush, the general answer to this quandary, while certainly far from clear, appears to be a somewhat reluctant not – at least not physically.

Wash Your Hands (COVID-19 Self-Protection Advice – William Murphy (2020).

Less than a week ago, the Canadian Correctional Investigator, Dr. Ivan Zinger, marked out the monitoring position of his institution in the following statement issued in English and French:

The Correctional Service of Canada (CSC) has implemented exceptional COVID-19 measures that will affect routines and conditions of confinement in Canada’s federal penitentiaries, including suspension of all visits until further notice.  At this time, though regular and scheduled institutional visits from OCI staff members have also been temporarily suspended and most staff are working remotely from home, as an external independent oversight body the Office of the Correctional Investigator will maintain an essential level of services and operations, including regular situational monitoring… As the situation evolves, the Office will consider making emergency institutional visits on a case-by-case basis, taking into consideration directions from health authorities.”

This position appears to strike a crucial balance between doing no harm, keeping a close eye on the current, fast-moving situation, and reserving the ultimate right to knock hard on any institutional door, if needs must. The emerging global practice suggests that the Canadian Correctional Investigator may not be alone in adopting such a stance.

Elsewhere in Canada the situation is less clear. While on one hand, the Ombudsman Ontario is working remotely and liaising with the detaining authorities from afar, the approach of the country’s other provincial and territorial ombuds-type bodies is ambiguous.

Flower Stream – Rennett Stowe (2020).

For the most part, the country’s patchwork system of ombudsperson institutions have issued statements, informing the public that they have closed their doors with a view to limiting face-to-face contact with the masses and/or are working remotely. Unlike, the Office of the Correctional Investigator, however, no detailed information is generally provided about the modalities of any interaction with the detaining authorities over which they have an oversight function.

Ideally, one would hope that a similar approach to the Correctional Investigator has been adopted, but in the absence of specific information this assumption is far from certain. The Office of the Human Rights Commissioner of British Columbia, for example, has simply stated that its employees are working remotely until 30 April 2020.

Similar missives have been posted on the websites of the Le Protecteur du Citoyen Quebec, Alberta Ombudsman, Ombudsman Saskatchewan, Manitoba Ombudsman, Ombud New-Brunswick, Nova Scotia Office of the Ombudsman, and the Office of the Northwest Territories Ombud. Somewhat surprisingly, a small minority of ombuds-institutions currently have no COVID-19 operational-related information on their websites.

Prison Tower – Jobs For Felons Hub (2016).

International practice

Despite putting on hold its own programme of international visits, the UN Subcommittee on Prevention of Torture (SPT) has encouraged National Preventive Mechanisms under the OPCAT to continue to exercise their preventive visits function. In key guidance issued this past week, the SPT stated the following:

“Numerous NPMs have asked the SPT for further advice regarding their response to this situation. Naturally, as autonomous bodies, NPMs are free to determine how best to respond to the challenges posed by the pandemic within their respective jurisdictions.” [6]

Even so, the SPT underscored the fundamental importance of conducting visits to all places of deprivation of liberty as broadly defined by the OPCAT:

“The SPT would emphasise that whilst the manner in which preventive visiting is conducted will almost certainly be affected by necessary measures taken in the interests of public health, this does not mean that preventive visiting should cease. On the contrary, the potential exposure to the risk of ill-treatment faced by those in places of detention may be heightened as a consequence of such public health measures taken. The SPT considers that NPMs should continue to undertake visits of a preventive nature, respecting necessary limitations on the manner in which their visits are undertaken. It is particularly important at this time that NPMs ensure that effective measures are taken to reduce the possibility of detainees suffering forms of inhuman and degrading treatment as a result of the very real pressures which detention systems and those responsible for them now face.” [7]

This position has been echoed by other authoritative international bodies, including just last week by the European Committee for the Prevention of Torture. The World Health Organization also chimed this same key point in a recent publication, as discussed on this website.

Prison Riot Squad – Jobs For Felons Hub (2016).

National-level developments

At the national level, detention monitoring practice in the light of the spiraling global COVID-19 crisis appears to be more of a mixed picture.

Fairly early on into the crisis, on 16 March 2020, the French NPM, the Le Contrôleur général des lieux de privation de liberté announced its suspension of visits. Similarly, across la Manche, the next day Her Majesty’s Inspector of Prisons in England and Wales Peter Clarke stated that the mechanism had postponed future visits for nearly two-and-a-half months. The published statement read:

Peter Clarke, HM Chief Inspector of Prisons, has announced that all scheduled inspection work involving visits to prisons or other places of State detention in England and Wales has been suspended up to the end of May 2020. This will affect around 15 full inspections, independent reviews of progress and visits as part of thematic inspection work. This decision will be kept constantly under review in the light of COVID-19-related developments.”

Not too long afterwards, on 25 March, the Swiss NPM, the National Commission for the Prevention of Torture followed suite in a letter addressed to the prison and health authorities, ostensibly so as not to overburden the prison authorities.

In Scotland, Her Majesty’s Chief Inspector of Prisons for Scotland, Wendy Sinclair-Gieben, also announced a suspension of all such visits. However, in a statement issued on 31 March the Chief Inspector reaffirmed that the institution was committed “… where possible, to undertake a liaison visit to any prison establishment where we believe the urgency to visit outweighs our precautions related to COVID-19.”

The above position was not entirely dissimilar to the stance adopted by the Canadian Correctional Investigator.

COVID-19 notice – Iain Cameron (2020).

These bodies (all of which are part of the UK NPM) are not alone. Dame Anne Owers, the National Chair of the Independent Monitoring Boards, the lay-visitor prison and immigration detention monitoring scheme in England and Wales, issued a statement on 30 March, marking out a similar position:

“Boards will be able to carry out some limited on-site work where it is safe and feasible to do so. However, we have also developed remote methods of providing some independent assurance at a time of heightened concern for prisoners and detainees.”

Staying in Albion for a moment longer, the overall UK NPM Chair, John Wadham, wrote to Secretary of State Robert Buckland the same day stating the following:

Firstly, NPM members are developing risk criteria that allow them to respond to allegations or concerns about potential ill treatment that warrant some kind of visit to be conducted. In most situations, these visits would be carried out by one or two people and follow a much more targeted methodology than normal inspections/monitoring visits. Secondly, NPM members are developing new approaches to remote forms of monitoring. Given the rapidly changing picture across different detention settings and the severity of the measures that are being imposed (restriction of family visits, long periods of isolation, limitations on exercise and association), NPM members are looking into how they can monitor the situation using data from a range of sources, including from detention authorities themselves, via phone lines and correspondence, and from wider stakeholders.”

Just to add further colour to the palette, Katie Kempen, the Chief Executive of the Independent Custody Visiting Association, the organizational entity supporting the lay-person police visiting scheme in the UK (which is also part of the country’s 21-body NPM), stated on 25 March that such visits could continue. Volunteer independent custody visitors deemed high-risk (due to their age or health) would be exempt from such activities. However, she stressed that remote monitoring possibilities were also being considered.

In sum, a range of options seem to be on the table in the United Kingdom.

It bears noting that the Canadian Correctional Investigator and the UK NPM’s use of a range of options (some remote, some not) to monitor closed settings mirror-image the key advice advanced by the UN Subcommittee on Prevention of Torture in last week’s guidance document (please see paragraphs 12 and 13).

Quarantine-related powers

As an interesting aside (at least we think so), at least two NPMs have issued statements, stressing that, despite any public emergency measures, they retain the power to access any compulsorily quarantined individuals and/or related detention facilities.

The Public Defender of Georgia issued a statement on 17 March, noting that her office would consider monitoring facilities or persons who had been quarantined, provided that certain conditions were met, such as the safety of the monitoring team and non-interference with healthcare provision were ensured.

Across the border in Armenia, likewise the Human Rights Defender of Armenia reaffirmed in no uncertain terms in a FAQ document published on 27 March that it cannot be prevented from exercising its monitoring activities during the present state of emergency in the country, remarking:

“Restrictions enforced in the declared state of emergency cannot hinder the activity of the Human Rights Defender. The right to apply to Human Rights Defender is of absolute character and is not subject to restriction in state of emergency.”

Whether the two NPMs in question will actively opt to exercise their stated rights to visit quarantined individuals in places of deprivation of liberty remains to be seen – as the situation unfolds.

Prison Fence Barbed Wire – Jobs For Felons Hub (2016).

In conclusion: staying or going?

As for other detention monitoring entities, concrete information about whether such bodies – to quote our favourite English punk rock band – have decided to stay or to go is somewhat scant.

A random scan of the websites of a range of different inspection mechanisms revealed little concrete information in this connection, including those of the Commissioner for Human Rights in Ukraine, Commissioner for Human Rights in Kazakhstan and the Office of the Inspector of Prisons in Ireland, which remains altogether silent on the issue of COVID-19.

At the time of writing, no information about the curtailment of visits had been posted on the respective websites of the Austrian and German NPMs, the Austrian Ombudsman Board and the National Agency for the Prevention of Torture.

In Moldova, the People’s Advocate (comprising an important element of the country’s NPM) has created a section on its website for the purpose of monitoring human rights violations during the present health crisis. A press release issued on 30 March strongly suggested that the mechanism would be handling any such complaints remotely and would be liaising from a distance with the relevant government agencies. While no direct mention was made of the suspension of visits, one might conclude from the above that this has been in fact the case.

With 71 designated NPMs in the world and numerous other detention oversight mechanisms, the reader will appreciate why this – wholly unintended – mini-research project on the part of the Canada OPCAT Project very quickly ran out of steam. And to think, we barely left Europe!

Thankfully help has come to the rescue in the shape of a recent research initiative by the Expert Network on External Prison Oversight and Human Rights. The latter has arrived at a very timely moment.

The Network, which is hosted by the Independent Corrections and Prisons Association and chaired by the Canadian Correctional Investigator, is aiming to compile information about the impact of COVID-19 on the work of detention monitoring bodies, including the measures taken to respond to this crisis as well as any related lessons learned. The findings of the research, to be shared in future newsletters, will be very revealing of how NPMs and other bodies are adapting to the quickly changing COVID-19 circumstances.

The research will thus no doubt shine a brighter light on the pressing question of how such bodies are continuing to exercise their all-important preventive visiting function in the light of the present-day conditions. Better still, there might even be a PhD in all of this for someone one day…

Thanks for your time, dear readers.


Read the latest newsletter of the Expert Network on External Prison Oversight and Human Rights and learn how to contribute to its COVID-19 monitoring-related research.

See the document, Advice of the Subcommittee on Prevention of Torture to States Parties and National Preventive Mechanisms relating to the Coronavirus Pandemic.

Read the CPT’s Statement of Principles relating to the treatment of persons deprived of their liberty in the context of the coronavirus disease (COVID-19) pandemic in EnglishFrench or Russian.

Consult Penal Reform International’s publication, Coronavirus: Healthcare and human rights of people in prison.

Read the WHO publication, Preparedness, prevention and control of COVID-19 in prisons and other places of detention.

Posted by mp in COVID-19, Independent detention monitors, NPMs, OPCAT

WHO COVID-19 Key Guidance Document

On 23 March 2020 the World Health Organization (WHO) – Europe published interim guidance on how to deal with the coronavirus disease in prisons and other places of detention, titled Preparedness, prevention and control of COVID-19 in prisons and other places of detention.

The WHO publication is presently only available in English and can be downloaded here. However, a broad overview of the 30-odd-page guidance document is available in French, German and Russian.

The accompanying press release succinctly explains the overall focus of the document, as follows:

“The guidance provides useful information to staff and health care providers working in prisons, and to prison authorities. It explains how to prevent and address a potential disease outbreak and stresses important human rights elements that must be respected in the response to COVID-19 in prisons and other places of detention. Access to information and adequate health care provision, including for mental disorders, are essential aspects in preserving human rights in such places.”

Cover of new WHO publication.

It is stressed in the WHO document that the guidance has application to various places of detention, including:

  • prisons (both public and privately managed);
  • immigration detention settings;
  • detention settings for children and young people.

The intended target audience of the WHO publication is primarily health-care and custodial staff working in prisons and other places of detention. However, it is emphasized that the information given will also be useful for the wider prison authorities, public health authorities and policymakers, prison governors and managers, people in detention, and the social relations of persons deprived of their liberty.

The guidance document is structured across 15 chapters and includes sections with detailed operational information, including: about the COVID-19 virus; preparedness, contingency planning and level of risk; training and education; risk communication; a list of important definitions; and crucial prevention measures. Other chapters relate to the assessment of suspected COVID-19 cases as well as their case management.

Prison 4040 – Sylvia Westenbroek (2006)

For the lay-reader, however, the earlier introductory chapters through 1 to 6 may prove the more interesting and accessible. These sections set out the rationale, scope and objectives and target audience of the WHO publication as well as key planning principles and human rights considerations.

In this latter connection, key points include:

  • The provision of health care for people in prisons and other places of detention is a State responsibility.
  • People in prisons and other places of detention should enjoy the same standards of health care that are available in the outside community, without discrimination on the grounds of their legal status.
  • Adequate measures should be in place to ensure a gender-responsive approach in addressing the COVID-19 emergency in prisons and other places of detention.
  • Prisons and other detention authorities need to ensure that the human rights of those in their custody are respected, that people are not cut off from the outside world, and – most importantly – that they have access to information and adequate healthcare provision.
  • The COVID-19 outbreak must not be used as a justification for undermining adherence to all fundamental safeguards incorporated in the Nelson Mandela Rules.

It is relevant to note that in the latter section, the following key points concerning the access of independent monitors to closed settings during the current global public health emergency are underpinned, namely:

The COVID-19 outbreak must not be used as a justification for objecting to external inspection of prisons and other places of detention by independent international or national bodies whose mandate is to prevent torture and other cruel, inhuman or degrading treatment or punishment; such bodies include national preventive mechanisms under the Optional Protocol to the Convention against Torture, the Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.”

Even in the circumstances of the COVID-19 outbreak, bodies of inspection in the above sense should have access to all people deprived of their liberty in prisons and other places of detention, including to persons in isolation, in accordance with the provisions of the respective body’s mandate.” (p.5).

In this sense the WHO publication reinforces the core guidance advanced in recent weeks by other international authorities, including the UN Subcommittee on Prevention of Torture, European Committee on the Prevention of Torture and Penal Reform International.

Canadian prison administrators and human rights actors can download the publication and access other key COVID-19-related materials below.


Read the WHO publication, Preparedness, prevention and control of COVID-19 in prisons and other places of detention.

See the WHO accompanying press release in English and French.

Read Professor Juan Mendez’ recent article on a healthy prison environment.

For other materials please visit the COVID-19: Deprivation of Liberty Information Corner.

Posted by mp in COVID-19, Independent detention monitors, NPMs, OPCAT, Oversight bodies

COPCAT Shorts – CPT Statement of Principles on COVID-19

The Council of Europe’s Committee for the Prevention of Torture issued on 20 March 2020 a Statement of Principles relating to the treatment of persons deprived of their liberty in the context of the coronavirus disease (COVID-19) pandemic.

The CPT’s Statement of Principles – copyright Council of Europe.

Even though Canada is only an Observer State before the Council of Europe, the CPT’s Statement of Principles has huge resonance in the Canadian context, more so at a time when so many persons deprived of their liberty in different settings are at potential risk of infection in the country.

The CPT press release accompanying the publication of the document stated the following:

“The Coronavirus disease (COVID-19) pandemic has created extraordinary challenges for the authorities of all member States of the Council of Europe”, says Mykola Gnatovskyy, President of the CPT. “There are specific and intense challenges for staff working in various places of deprivation 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 are placed in quarantine. Whilst acknowledging the clear imperative to take firm action to combat COVID-19, the CPT must remind 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 Statement of Principles should be applied by all relevant authorities responsible for persons deprived of their liberty within the Council of Europe area. The Canada OPCAT Project would argue that the principles have potential application well beyond the 47-state European region, such is their important take on the widespread phenomenon of deprivation of liberty in the context of the developing global COVID-19 emergency.

Prison Tour – Steve Mays (2013).

The Statement of Principles comprise 10 key points which are currently available in English, French and Russian.

It is noteworthy that CPT Principle 10 states the following:

“Monitoring by independent bodies, including National Preventive Mechanisms (NPMs) and the CPT, remains an essential safeguard against ill-treatment. States should continue to guarantee access for monitoring bodies to all places of detention, including places where persons are kept in quarantine. All monitoring bodies should however take every precaution to observe the ‘do no harm’ principle, in particular when dealing with older persons and persons with pre-existing medical conditions.”

In this connection, the new CPT document echoes key guidance contained in a Briefing published earlier this week by the international NGO, Penal Reform International, as well as the key advice issued by the UN Subcommittee on Prevention of Torture to the UK NPM in February 2020.

The other nine principles in the CPT Statement equally merit close scrutiny. At just one page in length the 10 principles as a whole are readily and quickly digestible. Canadian readers are therefore kindly encouraged to consult the CPT’s Statement of Principles.

They may also wish to consult the recently added COPCAT’s COVID-19: Deprivation of Liberty Information Corner in order to access other resources and news materials on the current, quickly changing COVID-19-related conditions.


Read the Statement of Principles relating to the treatment of persons deprived of their liberty in the context of the coronavirus disease (COVID-19) pandemic in English, French or Russian.

Read the accompanying CPT press release in English or French.

Explore other CPT publications and tools under Other Resources.

Posted by mp in COVID-19, CPT, Independent detention monitors, NPMs, OPCAT

COVID-19 – A Crucial Resource for Crucial Times

Far ahead of the curve as usual, international NGO Penal Reform International has published a much-needed resource at a time of increasing public health emergency. The publication, Coronavirus: Healthcare and human rights of people in prison, issued on 16 March 2020, is targeted at various criminal justice actors, especially country prison services as well as prison administrators, Canada no exception.

Its application, however, potentially goes well beyond prisons as places of deprivation of liberty with relevance to many other detention settings, as foreseen under OPCAT Article 4.

PRI’s COVID-19 prison Briefing.

Multiple concerns about the high risk of potential transmission of the COVID-19 virus among federally and provincially incarcerated prisoners have been highlighted recently by different actors in the Canadian news media. A Globe & Mail opinion piece on 17 March 2020 called for the release of non-violent offenders.

The Canadian Association of Elizabeth Fry Societies expressed some alarm earlier this week about the Correctional Service of Canada’s preparedness to manage the COVID-19 outbreak and reduce the harm to prisoners, as highlighted in a public statement.

The opening paragraph of PRI’s Briefing sets out the current state of general concern about the COVID-19 virus in relation to prison settings:

“At the time of publishing there were more than 164,000 confirmed cases of COVID19, the novel form of Coronavirus, affecting 110 countries with more than 6,470 deaths. In this briefing we assess the current situation of COVID-19 outbreaks and prevention measures in prisons and wider impacts of responses to governments on people in criminal justice systems. This briefing note argues for action to be taken now and immediately, given the risk people in prison are exposed to, including prison staff.”

According to PRI’s accompanying press release, the focus of the new COVID-19 resource is as follows:

Where widespread community transmission of COVID-19 is occurring, there are legitimate concerns of this spreading to prisons. The outbreak of any communicable disease presents particular risks for prisons due to the vulnerability of the prison population and not least because of the difficulties in containing a large outbreak in such a setting. People detained are vulnerable for several reasons, but especially due to the proximity of living (or working) so closely to others – in many cases in overcrowded, cramped conditions with little fresh air.

People in detention also have common demographic characteristics with generally poorer health than the rest of the population, often with underlying health conditions. Hygiene standards are often below that found in the community and sometimes security or infrastructural factors reduce opportunities to wash hands or access to hand sanitizer.

Any coronavirus outbreak in prisons should – in principle – not take prison management by surprise, as contingency plans for the management of outbreaks of communicable diseases should be in place. This is an essential part of the obligation of the state to ensure the health care of people in prison required by international human rights law.”

Prison, Oslo – Erik (2017).

The Briefing is replete with practical guidance as well as with country examples which have emerged to date (including from Canada) of the restrictions placed on prison regimes in the light of the global pandemic. In doing so, the resource is structured around the following themes:

  • Civil rights, right to health and preventing COVID-19 in prisons with a focus on (1) the right to health and hygiene, (2) contact with the world outside, (3) quarantine, isolation or limitation on movements within detention facilities, (4) fair trials and the right to legal counsel, (5) detention monitoring, and (6) the health of prison staff;
  • Emergency measures to reduce prison populations;
  • Prison sentences for Coronavirus-related offences.

It is highly relevant that one section of the new resource focuses on the important role of independent detention monitors during the current global public health crisis. Under the section on page 9 titled ‘Detention monitoring and right to prohibition of torture and ill-treatment’ the following is observed:

“States should guarantee access to prison for monitoring bodies. While some protective measures are legitimate, there is no evidence indicating that during the COVID-19 pandemic places of detention should not be accessed by monitoring bodies.

States should follow the principles laid out in Optional Protocol to the Convention against Torture, as their legal obligation for those who have ratified it, and as a guidance for those who have not yet ratified the instrument.

Access of monitoring bodies is a key safeguard against torture and other ill-treatment. It can prevent human rights violations from taking place, but also provides opportunities for reporting ill-treatment and for taking action.”

While not an OPCAT State Party, it is axiomatic that Canada should also adhere to the guidance and principles set out in PRI’s Briefing and permit continued access to prison facilities located throughout the country by independent oversight bodies. The recent Annual Report of the Office of the Correctional Investigator spelled out in no uncertain terms why independent monitoring of such facilities is so crucial in the country.

In summary, Penal Reform International has once again succeeded in providing criminal justice and human rights actors with a timely resource at a particularly trying global moment, adding to their 30 years of many accomplishments. Very well done PRI.


Read Coronavirus: Healthcare and human rights of people in prison.

See the related press release.

Explore PRI’s other key publications under Other Resources, including the recent publications, Women in prison: mental health and well-being – a guide for prison staff and Guidance Document on the UN Nelson Mandela Rules.

Read OHCHR’s 16 March 2020 statement on COVID-19 and human rights.

Posted by mp in COVID-19, Independent detention monitors, NPMs, OPCAT, Oversight bodies