UNBA calls on the Ombudsman to support international principles for the treatment of prisoners during the COVID-19 pandemic

UNBA President Lidiia Izovitova appealed to the Verkhovna Rada Commissioner for Human Rights Lyudmyla Denisova regarding the conditions of detention of prisoners and arrests during the COVID-19 pandemic.

The letter of the Head of UNBA mentions the latest changes in the national legislation, which take into account the peculiarities of quarantine in the justice system. In particular, the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Aimed at Providing Additional Social and Economic Guarantees in Connection with the Spread of Coronavirus” (COVID-19), which entered into force on April 2, 2020, introduced a number of measures to combat the spread of the specified infectious disease.

UNBA's appeal also cites the position of the Council of Europe's Committee for the Prevention of Torture, which calls on states to make more frequent use of alternatives to detention pending trial, to reduce terms of imprisonment, parole and probation, and to reassess the need for continued involuntary detention, hospitalization of psychiatric patients, the discharge or provision of communal medical and social assistance to persons in social protection institutions, as well as the refusal, as far as possible, of the administrative detention of migrants.

In addition, on March 20, 2020, the Committee approved the List of Principles Relating to the Treatment of Persons Deprived of Liberty in the Context of the Coronavirus Pandemic (COVID-19). In particular, Principle 5 of the List emphasizes that all the authorities on which it depends must take concerted action as an alternative to deprivation of liberty. Such measures are urgently needed, especially in situations of overcrowding. In addition, the authorities should make more frequent use of alternatives pending trial, as well as reduced terms of imprisonment, parole and probation, reassessment of the need to continue involuntary hospitalization of psychiatric patients, discharge or the provision of communal medical care. - social assistance to persons in social protection institutions, as well as to the maintenance of the detention of migrants as much as possible.

The Council of Europe Commissioner for Human Rights endorsed the List of Principles in the Context of the COVID-19 Pandemic, published by the European Committee for the Prevention of Torture. In particular, it is stated that the use of alternative measures to imprisonment is a priority in situations of overcrowding in prisons, and especially in emergencies. Particular attention should be paid to those prisoners who have health problems; elderly people who do not pose a threat to society; and those accused or convicted of minor or nonviolent crimes. Reducing the number of prisoners throughout Europe is a prerequisite for ensuring effective sanitation and easing pressure on prison staff and the penitentiary system in general. "

Some of the measures proposed by the respected European institutions have already been implemented in countries such as Italy, Poland and France.

Taking into account the recommendations of European institutions and the situation with the pandemic in Ukraine, realizing that human life and health are the highest social value according to the Constitution of Ukraine (Article 3), UNBA called for effective measures to be taken into account by courts, prosecutors and pre-trial investigation. The conditions of the

pandemic as one of the circumstances to be taken into account when choosing detention, or changing another precautionary measure to detention, and seeking alternatives if necessary. UNBA also called for the possibility to review the already chosen precautionary measures in the form of detention in the form established by the procedural law (for example, at the initiative of the defense) in the form of detention in less severe.