1.3 Practical challenges for
detention monitors
Given their highly political and emotional dimensions, terrorism and VERLT are sensitive
topics, and that sensitivity and the associated secrecy, coupled with the specificities of
prison regimes in the VERLT context, create challenges for detention monitors. Prison
officers may not perceive persons deprived of their liberty on terrorism- and violent
extremism-related charges and offences as deserving of the protection of their human
rights. This context may result in a more difficult – even hostile – environment during a
monitoring visit. Moreover, external scrutiny may not be welcome in a field that remains
highly sensitive and dominated by security concerns. Given the potential human rights
implications of state actions and approaches in this field, the external scrutiny provided
by independent monitors is clearly necessary.
Monitoring bodies should dedicate adequate capacity and resources to addressing
VERLT-related issues, irrespective of their specific mandate. At the same time, the
existing legal framework in any particular situation will invariably have a bearing on the
issue of access to detention facilities, detainees and information. While NPMs may draw
on their extensive powers as enshrined in the OPCAT, other monitors may face greater
challenges. Nonetheless, legal limitations regarding the access for detention monitors to
places, people and information can be overcome or, at a minimum, mitigated.
Access to facilities, detainees and documentation
Having only limited access to relevant facilities and detainees – either because this is
not included in their mandates or an inability to access accurate information – can be
a challenge both for NPMs and civil society monitors when working on VERLT-related
100
issues.
Gaining access to places of detention remains problematic in some OSCE participating
101
States, and monitors need to be prepared to face opposition in attempts to monitor
detention facilities where (suspected) violent extremist prisoners are held. Monitors may
require a higher security clearance to access such places, due to the introduction of
102
counter-terrorism measures.
Some NPMs have noted that it is difficult to maintain a comprehensive list of all places of
deprivation of liberty, especially in the context of counter-terrorism, as ad hoc detention
103
or holding places are sometimes used. Nevertheless, a number of detention monitoring
100 See for example: UNODC Regional Office for Central America and the Caribbean in Panama (ROPAN),
“Working Paper Series on Prison Reform Working Paper 1: Civil Society and Prisons: The “Invisible Bars”
Challenge”, February 2014.
101 The SPT, for instance, decided to suspend its May 2016 visit to Ukraine after being denied access to
several facilities under the jurisdiction of the State Security Service of Ukraine.
102 Open Society Justice Initiative & University of Bristol Human Rights Implementation Centre, “The Challenges
to the Preventive Monitoring under OPCAT in the Context of Counter-Terrorism and Anti-Radicalization
Measures”, p. 4.
103 Ibid., p. 3.
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