Rights under Lockdown: Not Releasing Vulnerable Prisoners in the Time of a Pandemic is a Cruel, Inhuman or Degrading Treatment or Punishment

Abstract

This argues that the non-release of vulnerable prisoners in this time of a pandemic constitutes a cruel, inhuman or degrading treatment of punishment, a grave violation of the Torture Convention in international law. With the quick and far-reaching spread of the novel coronavirus or COVID-19, prisoners are among the most vulnerable people in the world. Prisoners face the real danger of COVID-19 while being held in environments that make basic health measures of personal protection and distancing impossible. While the situations of prisons, jails, and other detention centers in each country differs, there could be instances when the danger of being afflicted with the disease is grave and imminent in all carceral States.

Keywords: COVID-19, Torture, Prisoners, Persons deprived of liberty, Human rights, International law, Cruel, inhuman and degrading treatment or punishment