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.

摘要

在本文中，我们考虑针对COVID-19大流行在澳大利亚监狱中采用限制性做法，重点是单独监禁。我们探索了受该习俗影响的人们对健康和人权的影响。概述了权力的扩大，这种权力的增加增加了人们在大流行期间被单独监禁的条件下被拘留的风险。审查并批评了澳大利亚政府使用检疫和封锁措施来解决COVID-19对监狱人员构成的风险。为了防止这些行为正常化，法律上应禁止在监狱中使用单独监禁，并且应明确定义任何可能使一个人与监狱中的其他人分开的特殊情况，并采取适当的保护措施。《禁止酷刑和其他残忍，不人道或有辱人格的待遇或处罚公约任择议定书》。