Dear @jrezaian indeed 1. Death is arbitrary by definition if caused by a violation of international human rights law. Whenever the State takes in its custody an individual, it has the responsibility to care for the life and bodily integrity of that person. https://twitter.com/jrezaian/status/1341823451200430082
2. Death resulting, in whole or in part, from the denial of such essentials to life as potable water, safe and sufficient food, sanitation, adequate space, proper ventilation, or adequate medical care is thus an arbitrary death for which the State is responsible.
3. Incarceration causes a heightened degree of vulnerability of the detained individuals. It cause a related heightened duty of care on the part of the State which has the obligation to take the necessary measures to protect their lives.
4. The State must ensure that prisoners and other detainees have access to the health services available in the country without discrimination on the grounds of their legal situation. States may not invoke the lack of financial resources to reduce or dodge this responsibility
5. The burden is on the State to ensure that, without discrimination as to their status, prisoners are held in conditions that do not aggravate their vulnerability: even in prison they are entitled to an equal and continuing access to the health care they need.
6. Prisoners are exposed to an even higher risk of Covid19 infection and given the conditions of many detention facilities and prisons, urgent action must be taken to avoid arbitrary death in custody now.
7. States must take urgent measures to ensure that occupancy does not exceed official capacity, that official capacity is based on a calculation of square area per person which permits social distancing in accordance with the standard guidance given to the general population
8. States must ensure that adequate health and hygiene facilities, equipment, supplies and personnel are provided for all in detention; prison staff and inmates must be provided with screening and testing, and protective equipment.
9. Detainees with Covid19 symptoms should be tested and quarantined. Those who shared their cells should be tested. All should be provided with required treatment. Any death resulting from the authorities lack of care will be unlawful.
But the best due diligence measure State could take is to release unconditionally all detainees whose incarceration is illegal or arbitrary under international law, such as prisoners of conscience and political prisoners.
You can follow @AgnesCallamard.
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