Why practices that could be torture or cruel, inhuman and degrading treatment should never have formed part of the public health response to the COVID-19 pandemic in prisons

Abstract

ABSTRACT In this article, we consider the use of restrictive practices in Australian prisons in response to the COVID-19 pandemic, focusing on solitary confinement. We explore the health and human rights implications for people subjected to the practice. An overview is provided of the expansion of powers that have increased the risk of people being detained in conditions that amount to solitary confinement during the pandemic. Australian governments’ use of quarantine and lockdowns as tools to address the risks posed by COVID-19 to people in prison is examined and critiqued. To safeguard against the normalisation of these practices, the use of solitary confinement in prisons should be prohibited in law, and any exceptional circumstances in which a person may be separated from others in prison should be clearly defined, with appropriate safeguards. There also needs to be immediate and effective oversight of prisons in compliance with the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.