bodies in the OSCE region have secured access to high-security detention facilities
where suspected or sentenced violent extremist prisoners are being – or most probably
104
will be – held. Unhindered access to private and fully confidential interviews (without the
presence of prison staff or under surveillance of any kind) with all prisoners, regardless
of the charges against them, the sentences they are serving or their security status,
105
must be granted to NPMs, as well as to other monitoring bodies. Similarly, NPMs and
other detention monitoring bodies should be able to conduct private and fully confidential
interviews with prison staff and other relevant people (e.g., healthcare staff or other service
providers working in the prison). If access is impeded, NPMs are encouraged to notify the
UN Subcommittee for the Prevention of Torture.
CSOs may also produce monitoring reports based on desk research and interviews
with former detainees, among others, to compensate for any lack of access to closed
institutions or to individual prisoners. Amnesty International and the Open Society
Justice Initiative, for example, reported that they have declined meetings requested by
prisoners of the Terroristenafdeling (TA), the special high-security detention section in the
Netherlands that holds people suspected or convicted of terrorism offences, because
of restrictive conditions proposed by the authorities (e.g., the monitoring and recording
106
of their interviews). Nonetheless, the organizations published an analysis based on
research and interviews with former detainees, family members of detainees and lawyers,
as well as with relevant experts, officials and others.
Detention monitors may also face a lack of co-operation from prisoners or a reluctance
on their part to interact with them, sometimes as a sign of defiance. The prisoners might
perceive the monitoring body as associated with the authorities or fear that they could
107
face reprisals for speaking to monitors. There are prisoners who are prepared to speak
to monitors. In France, for example, the NPM noted prisoners’ readiness to meet with
108
them – 61 out of the 64 detainees held in “dedicated units” were willing to be interviewed.
In relation to VERLT, some prison management and staff may demonstrate a lower level
of co-operation, given the sensitivity of the issue being addressed, while others might
perceive co-operation in this area as of the same nature as on any other topic. Based on
a 2015 French NPM report, it appears that prison authorities and staff viewed its visits
as opportunities to share their viewpoint – sometimes disregarded – to correct some
misconceptions about VERLT in prisons and to shed some light on the challenges they
109
face.
104 The Kazakh NPM has, for instance, secured its access to the detention facilities under the National Security
Committee, where national security detainees (including, most probably, detainees held in relation to
terrorism-related charges and offences) are kept. See for instance, the 2016 Annual Report of the Kazakh
NPM (in Russian only), Section 3.
105 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, 26 June 1987, Articles 4 and 20; SPT, Guidelines on National Preventive Mechanisms, 9
December 2010, CAT/OP/12/5, para. 25.
106 Amnesty International and Open Society Justice Initiative, “Inhuman and Unnecessary Human Rights
Violations in Dutch High-Security Prisons in the Context of Counter Terrorism”, October 2017, p. 12.
107 Report of the UN Special Rapporteur on Counter-Terrorism, Visit to Kazakhstan, A/HRC/43/46/Add.1, 22
January 2020, para. 29-31.
108 Contrôleur général des lieux de privation de liberté (CGLPL), “Radicalization islamiste en milieu carcéral:
les unités dédiées ouvertes en 2016”, 7 June 2016, p. 4.
109 CGLPL, “La prise en charge de la radicalization islamiste en milieu carcéral”, 2015, op. cit., note 54.
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