PRISON MANAGEMENT
fails to function effectively, leaving vast
numbers of detainees, including former
combatants and suspected members
of extremist groups, awaiting trial for
long periods. There may also be a
significant lack of qualified prison staff
available, and reform is rarely a priority
for national governments or for the
international community.
Prisons are also used during and
after conflicts for arbitrary detention
and torture in breach of international
law. The Independent International
Commission of Inquiry on the Syrian
Arab Republic noted a widespread
and systematic pattern in which boys
and men above the age of 15 had
been arbitrarily arrested and detained
by Syrian government security,
armed forces, or militia acting on
their behalf.377 A new development
in 2018 saw the government of
Syria issuing death notices for
political detainees who went missing
during the civil war.378 The Group of
Regional and International Eminent
Experts on Yemen found that there
had been widespread arbitrary
detention throughout the country
and ill-treatment and torture in some
facilities during the conflict.379 In Iraq,
hundreds of so-called Islamic State
suspects, including children, were
arbitrarily detained. Many were held
in overcrowded jails without charge
and foreign nationals were in legal
limbo owing to uncertainty about
where their trials would take place.380
In Libya, there were reports of torture
and inhumane conditions across many
detention facilities.381
Effective and fair criminal justice
systems are urgently required in such
contexts in order to break cycles of
impunity and violence and to prevent
dire prison conditions leading to
the radicalisation of individuals by
extremist groups. While prisons
are often overlooked as an area of
concern in post-conflict countries,
UN peacekeeping missions are
increasingly engaged in the reform
and strengthening of justice and
prison systems. They have, for
example, implemented rehabilitation
programmes for Al-Shabaab prisoners
in Somalia and supported operational
directives for the management of
Afghan prisons.382
In the Central African Republic,
PRI has been working with the
UN Multidimensional Integrated
Stabilization Mission on prison reform.
It is a challenging context owing to
the lack of financial, material, human
and institutional resources, as well as
the volatility of the security situation.
Nonetheless, PRI has successfully
supported the government in
developing a national strategy, which
has now been adopted, to demilitarise
the prison service. Previously the
prison service was comprised
of armed and security forces;
prison management will now be
transferred to professionally qualified
civilian staff.383
RECOMMENDATION 18
The reform of criminal justice
and prison systems should be
a priority for the international
community in its efforts to
assist conflict and post-conflict
societies. Reforms should focus
on re-establishing the rule of
law and on treating prisoners
in line with international
standards, including the
Nelson Mandela Rules and the
Bangkok Rules.
Violent extremism
in prison
Violent extremism in prisons remains
high on the agenda internationally,
regionally and nationally. The
relationship between crime and
terrorism has been well explored.384
On the one hand, ‘ordinary’ prisoners
need to be protected from recruitment
and the influence of violent extremist
prisoners, but, on the other, violent
extremist prisoners need to be
identified and need to undergo
practical and effective methods to
support their disengagement from
violence. This issue creates a number
of challenges and dilemmas for prison
administrations, which may have just
a handful of violent extremist prisoners
to manage – or thousands.
The UNODC asserts that any
proposed intervention on this
issue should be embedded within
broader reform strategies rather
than in isolation, and also states that
‘[v]ulnerability to radicalization to
violence is exacerbated in prisons that
are overcrowded, understaffed, fail to
provide basic services to prisoners, or
are otherwise managed in a disorderly
manner’.385 A meeting of prison
practitioners in Europe in 2018 also
concluded that overcrowding, poor
prison conditions and management,
and the presence of violent extremism
prisoners who are charismatic leaders
are the main causes of vulnerability
to radicalisation.386
The management of violent extremist
prisoners should be framed at all
times by international human rights
standards, including the Nelson
Mandela Rules and the Bangkok
Rules. Above all, prison staff play a key
role in identifying and preventing violent
extremism in prisons, by building trust
and helping to break down a ‘them’
and ‘us’ barrier. They require support
and training to effectively fulfil this role.
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019
One challenge for prison management
is knowing how to assess and identify
if a prisoner holds violent extremist
beliefs or is at risk of doing so.
Various tools387 have been created to
assess this specific risk, looking at
criteria such as affiliation, adherence
to ideology, factors supporting
disengagement, capability and
emotional factors. They have not yet
been fully validated.
A further dilemma is whether
to pursue ‘de-radicalisation’ or
‘disengagement’ as an approach to
the rehabilitation and reintegration of
prisoners who have been identified
as holding violent extremist beliefs.
The concept of ‘de-radicalisation’ is
generally assumed to imply attitudinal
change leading to reduced support
for violent extremism, or ideally a
complete rejection of ideologically
justified violence. However, the
concept of de-radicalisation is
| 35
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