Title: AdvocAid calls on the Government to release Pre-Trial and Vulnerable Detainees as part of Coronavirus Prevention Measures
Year: 2020
People deprived of their liberty, such as people in prisons and other places of detention, are likely to be more vulnerable to the coronavirus disease (COVID-19) outbreak than the general population, because of the confined conditions in which they live together for prolonged periods of time. Hygiene and access to health care are challenging to access in prisons worldwide, and even more difficult during a pandemic. The transmission of diseases is rife in overcrowded facilities, placing the lives of both prisoners and staff at risk as well as the wider community.
The World Health Organisation (WHO) has called for governments to take urgent and aggressive action to stop the spread of the virus due to the “the alarming levels of spread and severity”.
AdvocAid commends the quick action by the government to put in place preventative measures in Sierra Leone. In line with the UN High Commissioner for Human Rights and WHO guidance, AdvocAid urges the government to similarly take urgent action to prevent the occurrence of COVID-19 in Sierra Leone’s correctional centres, through the five following key actions:
1. Reduce overcrowding in correctional centres through emergency non-custodial measures
The majority of correctional centres in Sierra Leone are overcrowded and have limited health facilities which poses a grave risk for a deadly COVID-19 outbreak. Many detainees have not been sentenced and are detained in pre-trial detention. In December 2019, 62% of women in correctional centres were pre-trial detainees.
The government should urgently review those detained in pre-trial detention and implement alternatives to detention as required by the Bail Regulations 2018, particularly for those detained for minor offences and who pose a low risk to society. 31% of women in correctional centres were charged or convicted of non-serious crimes (such as debt, theft or loitering) as of December 2019. 62% of women surveyed in the correctional centers in the provinces had either been convicted or charged with crimes related to poverty.
Those that should be considered for early release include:
- Pregnant women and women with children in detention. They should immediately be considered for release through use of various measures such as bail, early release, pardon or deferred/ suspended sentence.
- At risk populations, such as elderly prisoners or those with underlying health issues.
- Individuals sentenced for minor, low risk offences, particularly those who have six months or less remaining of their sentence to serve, as the Presidential Pardon can apply at any time for any offence.
These proposed measures are in line with existing international standards promoting the use of non-custodial measures, such as the Nelson Mandela Rules, Bangkok Rules, Tokyo Rules and the Luanda Guidelines. Globally, governments are using early release measures to tackle the pandemic, such as Iran, France and the USA. Sierra Leone can take this lead on the African continent.
2. Reduce pressure on the criminal justice system through non-custodial measures by the police
The police have a vital role to play in ensuring that police stations, courts and prisons are not overcrowded and to reduce the burden on government institutions at this time. The police should not arrest people for minor or petty offences. Where strictly necessary, non-custodial measures should be used instead, such as diversion, a warning, informal resolution or bail.
3. Put in place preventative measures in correctional centres and detention centres
The government should continue to support correctional and detention centres to prevent an outbreak of COVID-19 through adequate supply of water, soap and other hygiene items, and access to healthcare professionals.
Upon admission to correctional centres and other places of detention, all individuals should be screened for fever and lower respiratory tract symptoms as well as other communicable diseases.
Any response must be gender-responsive and take into account the particular needs of women and children in detention.
4. Ensure human rights of those in detention are protected
The Correctional Service 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.
Protective measures should be put in place so that those in detention can still receive access to legal advice and representation in order to uphold fair trial rights. For example, providing space for legal visitors to provide confidential legal advice allowing them to maintain a 2 metre distance from the detainee as well as other protective measures necessary. Protective measures should be put in place to ensure that organisations can still continue detention monitoring. WHO has stressed that 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.
5. Provide support to Correctional Centre Staff
Correctional centre staff are frontline workers in the fight against COVID-19 and must be supported. For example, they should be provided with specific training on emergency preparedness plans, increased access to hygiene and health care, and sick leave if they are unable to come into work. They should be given continued remuneration if someone in their household is sick and they need to self isolate for 14 days. Self isolation is a critical component of this response.Their relatives should also be provided with information and support.
AdvocAid is grateful for the positive relationships it has with the police, correctional service and other government institutions and recalls our collective collaborative effort during the Ebola crisis which ensured that no person in the Correctional Centers contracted Ebola. We look forward to working with the government and supporting national efforts at this critical time, particularly to uphold the rights of women and girls in contact with the law.
Further Information
Please see the following documents which contain further information about the rights of detainees and COVID-19.
World Health Organisation (Europe Regional Office), Preparedness, prevention and control of COVID-19 in prisons and other places of detention (2020)
UN High Commissioner for Human Rights, Urgent action needed to prevent COVID-19 “rampaging through places of detention”
Penal Reform International, Coronavirus: Healthcare and human rights of people in prison
Amnesty International, Responses to COVID-19 and States’ Human Rights Obligations: Preliminary Responses
Human Rights Watch, Human Rights dimensions of COVID-19 response
About AdvocAid
AdvocAid provides access to justice, education and empowerment for women and girls in Sierra Leone. For more information about our work, please visit our website.
For Media Enquiries Contact:
Lydia Kembabazi, Legal Manager: 075 142 524, legal.manager@advocaidsl.org
Julie Mariama Sesay, Programme Manager: 076 895 370, programmes@advocaidsl.org