Part 1 addresses the following questions: • How are terrorism, and violent extremism and radicalization leading to terrorism (VERLT) understood at the international level? • What are the nature and scale of risks of VERLT in prisons? What are the main drivers behind VERLT in prisons? • Are there factors of radicalization to terrorism or violence that are specific to certain categories of prisoners? • What are some of the key challenges that detention monitors may face when working on VERLT-related issues? Security concerns related to terrorism and VERLT are increasingly cited by authorities as justification for safety and security measures that may lead to limitations of prisoners’ rights. With expanding legislation criminalizing a range of conducts associated with terrorism (such as support of terrorism, incitement, recruitment and mobilization for terrorism, and terrorism-related travel or training), detention monitors will encounter a growing number of individuals suspected or convicted of such offences. In an increasing number of OSCE participating States, detention monitors will also visit facilities where individuals convicted for other offences are detained who are involved to varying degrees in violent extremist groups, or who are perceived by prison authorities as “vulnerable” to or “at risk” of VERLT. Therefore, prison-based responses to terrorism and VERLT may affect a broad range of prisoners, with possibly far-reaching consequences for their rights. As underscored by the UN High Commissioner for Human Rights, any measures and programmes to prevent and counter terrorism and VERLT should be subject to meaningful oversight through independent and effective mechanisms at the national 15 level. Independent human rights monitoring of measures to tackle terrorism and VERLT should similarly apply in prison settings. The Council of Europe “Handbook for Prison and Probation Services regarding Radicalization and Violent Extremism” (hereafter “the Council of Europe Handbook”) notes that independent monitoring of prison and appropriate complaint mechanisms “will prevent mismanagement of the services and abuse of rights 16 and freedoms”. While acknowledging that safety and security measures in relation to (suspected) violent extremist prisoners may present higher risks of stigmatization, the Handbook further underlines that “organisations monitoring human rights violations will 17 need to be involved”. This is where the role of detention monitors, including NPMs and CSOs, is crucial. Detention monitors can ensure that measures to prevent and counter terrorism and VERLT do not violate the rights of people in prison. Detention monitors can also assess often overlooked risk factors faced by specific groups, including women detainees, children 15 16 17 14 At the time, the holder of the mandate of UN High Commissioner for Human Rights was Zeid Ra’ad Al Hussein. UN High Commissioner for Human Rights, “Report on Best Practices and Lessons Learned on How Protecting and Promoting Human Rights Contribute to Preventing and Countering Terrorism”, A/ HRC/33/29, 21 July 2016, para. 66. Council of Europe, “Council of Europe Handbook”, op. cit., note 2, para. 10. Ibid., p. 38.

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