to the presumption of innocence and may affect their court cases. Nevertheless, pre406
trial detainees should have the opportunity to work if they wish to do so and, where
feasible and appropriate, to participate in activities, rather than languishing in their cells;
407
this is crucial for their well-being and humane treatment.
405
Coerced participation and the imperative of
informed consent
In order to encourage prisoners to participate in interventions, prison authorities use
incentives, such as increased out-of-cell activities and additional items allowed in their
possession. These incentives should be similar to those offered to the general prison
population. Otherwise, it could be discriminatory or create a privileged status for these
prisoners and be perceived negatively by the rest of the prison population. Furthermore,
it could unwillingly incentivize prisoners to declare themselves to be violent extremists, or
even to join violent extremist groups in prison.
Participation in activities or disengagement from VERLT interventions should be voluntary
408
and based on the principle of informed consent. Detainees should be able to give and
withdraw their consent to participate at any time. Prisoners should also be fully informed
of the objectives, who will be involved, their role, the modalities of the interventions and
rules of confidentiality with regard to the sharing of information provided by participants
within and outside the interventions team.
Reluctance or resistance to participate in disengagement programmes should not result
in disciplinary measures and must not lead to the deprivation of basic needs, as this
409
may constitute ill-treatment. Forcible measures would be counterproductive and may
reinforce, rather than reduce or end, engagement in VERLT.
Infringements on freedom of opinion and freedom of
thought, conscience and religion
Early efforts to prevent and counter violent extremism began with so-called “exit
programmes” to tackle right-wing extremism, but efforts to prevent and counter VERLT
now often focus largely on religiously motivated violent extremism, therefore targeting
410
groups on religious grounds in a discriminatory manner. Against this background, careful
consideration should be given to the content of faith-based interventions in prisons and
405 The presumption of innocence is guaranteed under ICCPR, op. cit., note 85, Article 14; see also: UN
Nelson Mandela Rules, op. cit., note 13, Rule 111.3;
406 UN Nelson Mandela Rules, ibid., Rule 116.
407 UN Special Rapporteur on Torture, “Interim report”, A/68/295, 9 August 2013, para. 38; “2nd General
Report on the CPT’s Activities”, CPT, CPT/Inf(92) 3, Strasbourg, 13 April 1992, para. 46.
408 Certain programmes may be mandatory as part of a mitigated sentence or a precondition for early release,
for instance.
409 UN Nelson Mandela Rules, op. cit., note 13, Rules 6-10 and 42; UNODC, Handbook on the Management
of Violent Extremist Prisoners and the Prevention of Radicalization to Violence in Prisons, op. cit., note 2,
pp. 104-105; ICRC, “Radicalization in Detention – the ICRC’s Perspective”, op. cit., note 134, p. 3.
410 Report of the UN Special Rapporteur on Counter-Terrorism, op. cit., note 108, para. 6 and para. 28.
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