Protecting detainees and those deprived of their liberty

This year, HRIC members continued to demand that the ongoing monitoring of individuals deprived of their liberty remained a priority for States around the world – whilst undertaking new research to inform future implementation.

In his role as Chair of the United Nations Subcommittee on Prevention of Torture (SPT), Sir Professor Malcolm Evans, led the issuance of UN Guidelines that set out detailed advice and measures which governments and independent monitoring bodies should take to reduce health risks posed by coronavirus in the prisons, immigration detention facilities, closed refugee camps, and psychiatric hospitals for which they are responsible.

The guidance includes considering reducing prison populations by implementing schemes of early, provisional or temporary release of low-risk offenders, reviewing all cases of pre-trial detention, extending the use of bail for all but the most serious cases, as well as reviewing and reducing the use of immigration detention and closed refugee camps.

It was a call for immediate action by the authorities which control and oversee all places of deprivation of liberty - and the start of the work needed to implement the guidance in 90 State Parties around the world.

Professor Evans also joined Mr Mykola Gnatovskyy, President of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), to make a joint statement to mark the International Day in Support of Victims of Torture, demanding again that prohibition of torture and other forms of ill-treatment should be absolute and not diminished by COVID-19.

Last month, in his last SPT Presentation (Office document, 73kB) at the UN’s 75^th General Assembly as the SPT Chair, a position he has held for ten years, Professor Evans argued strongly against the pandemic leading to a ‘digital shift’ in the work of treaty bodies.

The sole purpose of the SPT is to physically access places where persons are deprived of their liberty; to interview detainees and staff and to see the conditions of detention. This is work that cannot be done from afar – and underlines the importance of allowing independent monitoring bodies, the National Preventative Mechanisms (NPMs), to fulfil their functions to the maximum extent possible.

Urging those States still to introduce NPMs to delay no more – Professor Evans moved on to praise the work of existing NPMs that had responded positively to the challenge of COVID-19. Given the challenges of entering places of detention, these independent bodies found ways to overcome difficulties as well as find alternative ways to monitor the treatment of those detained. 

Throughout the year the HRIC has helped capture the innovative measures undertaken by independent monitoring bodies to help inform future activity.    

In collaboration with the Zahid Mubarek Trust and Prof Nick Hardwick at the Royal Holloway University of London, and with the support of the Association for the Prevention of Torture (APT), HRIC collated data to capture the measures undertaken. Preliminary findings were presented at the SPT in November 2020. The HRIC will be publishing a table of measures and will continue this work through a series of webinars into 2021.

During the pandemic, researchers at the HRIC also turned their attention to looking at ways in which lay visitors have been able to monitor treatment of detainees, in prisons, police custody, court cells, and immigration detention facilities, among others.

In addition to gathering data on the measures they have taken, the Centre held a webinar with lay visitors to hear of their experiences. This work was funded by Elizabeth Blackwell Institute and is the result of an ongoing relationship with the UK National Preventive Mechanism and its secretariat.

Moving forward, the HRIC will be reporting back on its evaluation of data from a free helpline set up by the secretariat of the Independent Monitoring Boards during lock down to receive calls from detainees regarding their treatment during the pandemic.

Independent Monitoring Boards undertake regular visits to places of detention including prisons and immigration detention facilities, and the data will help identify any common concerns and potential increased risks of ill-treatment.