A/HRC/45/16 Annex II Deliberation No. 11 on prevention of arbitrary deprivation of liberty in the context of public health emergencies I. Introduction 1. The events of recent weeks have brought about a profound change in the lives of everybody globally as the spread of the new coronavirus (COVID-19) has led to the adoption of stringent measures by States in an attempt to combat it. The Working Group on Arbitrary Detention acknowledges the unprecedented nature of the circumstances and the need for a wide range of public health emergency measures introduced to combat the pandemic in a manner respectful of international law. 2. The Working Group is nonetheless mindful of the fact that not all measures taken by States pay due respect to the international human rights obligations undertaken by them, and therefore calls for their urgent review. 3. Furthermore, the Working Group recalls that, in instances where a public health emergency has required States to resort to the introduction of an emergency regime, all States should act in accordance with their obligations under international law and with their constitutional and other provisions of law governing the proclamation of a state of emergency and the exercise of emergency powers. 1 All such measures must be publicly declared, be strictly proportionate to the threat to the public caused by the emergency, be the least intrusive means to protect public health and be imposed only for the time required to combat the emergency. 4. The Working Group is aware of the valuable statements and advice that have already been issued by numerous international and regional organizations, 2 which it encourages all States to consider. The aim of the present deliberation is to set out a guidance to avoid cases of arbitrary deprivation of liberty in the implementation of public health emergency measures 1 2 34 See Human Rights Committee, general comment No. 29 (1999) on states of emergency, para. 2. See Office of the United Nations High Commissioner for Human Rights (OHCHR), COVID-19 Guidance (www.ohchr.org/EN/NewsEvents/Pages/COVID19Guidance.aspx), OHCHR and the World Health Organization (WHO), COVID-19: Focus on Persons Deprived of Their Liberty: Interim Guidance, March 2020 (https://interagencystandingcommittee.org/system/files/202003/IASC%20Interim%20Guidance%20on%20COVID-19%20%20Focus%20on%20Persons%20Deprived%20of%20Their%20Liberty.pdf); OHCHR, Guidance on the Human Rights Dimensions of COVID-19: Migrants (available from https://interagencystandingcommittee.org/other/iasc-interim-guidance-covid-19-focus-personsdeprived-their-liberty-developed-ohchr-and-who); advice of the Subcommittee on Prevention of Torture to States parties and national preventive mechanisms relating to the coronavirus pandemic (adopted on 25 March 2020); WHO Regional Office for Europe, “Preparedness, prevention and control of COVID-19 in prisons and other places of detention: interim guidance”, 15 March 2020; Advice of the Subcommittee on Prevention of Torture to the National Preventive Mechanism of the United Kingdom of Great Britain and Northern Ireland regarding compulsory quarantine for Coronavirus, adopted at its fortieth session (10 to 14 February 2020); Organization of American States (OAS), Practical Guide to Inclusive Rights-Focused Responses to COVID-19 in the Americas (see www.oas.org/en/media_center/press_release.asp?sCodigo=E-032/20), 7 April 2020; Statement of principles relating to the treatment of persons deprived of their liberty in the context of the coronavirus disease (COVID-19) pandemic issues by the European Committee for the Prevention of Torture, 20 March 2020 CPT/Inf (2020)13 (19 March 2020); African Commission on Human and Peoples’ Rights, press statement of 28 February 2020 on the coronavirus (COVID-19) crisis, (available from www.achpr.org/pressrelease/detail?id=480) and press Statement of 24 March 2020 on human rights-based effective response to the novel COVID-19 virus in Africa (available from www.achpr.org/pressrelease/detail?id=483). See also OHCHR, “COVID-19 and its human rights dimensions”, at www.ohchr.org/EN/NewsEvents/Pages/COVID-19.aspx.