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Joint statement by UNODC, WHO, UNAIDS and OHCHR on COVID-19 in prisons and other closed facilities *

 


We, the leaders of global health, human rights and development institutions, are coming together to urgently draw the attention of political leaders to the increased vulnerability of prisoners and other people deprived of their liberty to the COVID-19 pandemic,
and we call on them to take all appropriate public health measures in relation to this vulnerable population that is part of our communities.

Recognizing that the risk of introducing COVID-19 into prisons or other prisons varies from country to country, we emphasize the need to minimize the incidence of the disease and to ensure appropriate preventive measures.
were established to ensure a gender-responsive approach and prevent major COVID-19 epidemics. We also emphasize the need to establish a modern coordination system that brings together the health and justice sectors, and prison staff are well informed.
and guarantees that all human rights will be respected in these conditions.

Reduce overcrowding

In light of overcrowding in many places of detention, which violates hygiene, health, safety and human dignity, a health response to COVID-19 in closed environments alone is not sufficient. Overcrowding is an insurmountable obstacle to prevention,
preparation for or response to COVID-19.

We call on political leaders to consider limiting imprisonment, including pre-trial detention, to the last resort, especially in cases of overcrowding, and to step up efforts to resort to non-custodial measures. Those efforts should
include release mechanisms for persons at particular risk of COVID-19, such as the elderly and persons with pre-existing health conditions, as well as other persons who can be released without compromising public safety, such as convicts
for minor, nonviolent offenses, with special emphasis on women and children.

A prompt and decisive response aimed at ensuring healthy and safe detention and reducing overcrowding is key to mitigating the risk of COVID-19 entering and spreading in prisons and other places of detention. Increasing cleanliness and
hygiene in places of detention is of the utmost importance to prevent the entry of viruses or to limit the spread of viruses.

Mandatory detention and rehabilitation centers, where persons suspected of drug use or sexual activity are detained without proper procedure, should be closed in the name of treatment or rehabilitation. There is no evidence that such centers are effective
in the treatment of drug addiction or human rehabilitation and the detention of people in such facilities, the issue of human rights is raised and the health of detainees is endangered, increasing the risk of the COVID-19 epidemic.

Ensuring health, safety and human dignity

All states have a duty to ensure not only security, but also health, safety and human dignity, people deprived of their liberty and people working in places of detention at all times. This obligation applies independently of any state
emergency.

Decent living and working conditions, as well as access to the necessary health services without any components of this obligation. There must be no discrimination on the basis of the legal or any other status of persons deprived of their liberty.
Prison health care, including preventive, supportive and curative care, should be of the highest quality, at least equal to that provided in the community. Priority responses to COVID-19 are currently being implemented in the community, such as
such as hand hygiene and physical distancing are often closed or not possible.

Ensuring access to continuing health services

The prison population has an overrepresentation of people with substance use disorders, HIV, tuberculosis (TB), and hepatitis B and C compared to the general population. The disease infection rate in such a limited population is also higher than
among the general population. Because of the common contagion of the COVID-19 pandemic, people with substance use disorders, HIV, hepatitis, and TB may be at increased risk of complications from COVID-19.

To ensure that the benefits of treatment initiated before or during imprisonment are not lost, provisions must be made, in close cooperation with public health authorities, to allow people to continue treatment without interruption at all stages.
detention and after release. Countries should embrace access to the health system, where prisons are not separate from the mode of continuing care, but integrated with community health services.

Therefore, prevention and control measures in closed environments need to be improved, as well as increased access to quality health services, including continuous access to prevention and treatment of HIV, TB, hepatitis and opioid dependence. Authorities
it must ensure unimpeded access and flow of quality health goods to prisons and other places of imprisonment. Staff, health professionals and service providers working indoors should be identified as a key response workforce.
pandemic COVID-19 and, if necessary, receive appropriate personal protective equipment and support.

Respect human rights

In their responses to COVID-19 in closed states, states must respect the human rights of people deprived of their liberty. Restrictions that may be imposed must be necessary, evidence-based, proportionate (i.e., the least restrictive option) and not arbitrary.
The devastating effects of such measures, such as increased access to telephones or digital communication, must be mitigated if visits are limited. Certain fundamental rights of people deprived of their liberty and appropriate protective measures,
including the right to legal representation, as well as access by external inspection bodies to places of detention, must continue to be respected.

Follow United Nations rules and guidelines

We call on political leaders to ensure that COVID-19 preparedness and responses indoors are identified and implemented in accordance with fundamental human rights, guided by the guidelines and recommendations of the World Health Organization (WHO), and never
amounts of torture and other cruel, inhuman or degrading treatment or punishment. In prisons, any intervention should be in accordance with the United Nations minimum standards for the treatment of prisoners (Nelson Mandela rule).

Persons deprived of their liberty who show symptoms of COVID-19 or who have tested for positivity should be monitored and treated in accordance with the latest WHO guidelines and recommendations. Prisons and other places of detention must be part of national ones
COVID-19 plans with the dedicated participation of the affected population. All cases of COVID-19 in a closed environment should be reported to the competent public health authorities, which will then report to national and international authorities.

In line with our mandates, it remains at our disposal to support the rapid implementation of the above recommendations.

Ghada Fathi Waly, Executive Director, UNODC

Tedros Adhanom Ghebreyesus, Director General, WHO

Winnie Byanyima, Director General, Executive Director, UNAIDS

Michelle Bachelet, United Nations High Commissioner for Human Rights

* We thank UNDP for their contribution to this statement.

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