option of relocation, where necessary. Whatever the potential threat, it is not justifiable
to keep detainees in prison for their own security after the expiry of their sentence.
425
Women are particularly at risk of facing reprisals and should be provided protection. When
non-custodial means of protection, such as shelters or safe houses run by independent
bodies, are unavailable, temporary custody may be used to protect women, when strictly
necessary and if they expressly request such protection (see the UN Bangkok Rules).
In such cases, these protective measures should be supervised by judicial or other
426
competent authorities, and no woman should be held against her will.
Reintegration and conditions post-release
Together with general and disengagement interventions, preparation for reintegration and
post-release support is essential to assisting those detained with their transition back to
society and to reducing risks of them turning to violent extremist groups to provide for
427
428
their needs. Reintegration interventions as described in the UN Nelson Mandela Rules
are of particular relevance to (suspected) violent extremist prisoners, who may have spent
a long time in prison. They would need support to maintain or re-establish contact with
supportive family, friends and communities prior to release, provided that these are not
themselves involved in VERLT.
To facilitate reintegration, detainees convicted of terrorism- and violent extremism-related
offences should be progressively moved to less restrictive prison settings, based on
periodic risk and needs assessments. Ideally, the last stage of a sentence should be
spent in the lowest security prison that would provide the best environment to prepare
429
their release. The availability in law and in practice of post-release measures to assist
those released from prison are widely recognized as a positive incentive for prisoners
430
to reintegrate into society. Should prison authorities consider that (suspected) violent
extremist prisoners cannot follow the same reintegration process as the general prison
population, this must be transparent and clearly explained. Alternative measures that
correspond to their individual risk and needs assessment and classification should be
431
identified.
425 GCTF, “Rome Memorandum on Good Practices for Rehabilitation and Reintegration of Violent Extremist
Offenders” op. cit., note 174, Good Practice 21.
426 UN Bangkok Rules, op. cit., note 79, Rule 59. See also: PRI and Thailand Institute of Justice, “Guidance
Document on the United Nations Rules on the Treatment of Women Prisoners and Non-Custodial
Measures for Women Offenders (the Bangkok Rules), 2013, pp. 16-18.
427 UNODC, Handbook on the Management of Violent Extremist Prisoners and the Prevention of Radicalization
to Violence in Prisons, op. cit., note 2, p. 119. For a detailed overview of reintegration interventions, see also
Chapter 8 of the UNODC Handbook; Council of Europe, “Council of Europe Handbook”, op. cit., note 2,
Chapter 6.
428 UN Nelson Mandela Rules, op. cit., note 13, Rule 108.
429 UN Nelson Mandela Rules, ibid., note 13, Rule 87.
430 UN General Assembly Resolution 45/110, “UN Standard Minimum Rules for Non-custodial Measures
(Tokyo Rules)”, 14 December 1990, Rule 9. These post-sentencing dispositions may include: furlough and
half-way houses, work or education release, various forms of parole, remission, pardon. For rules specific
to women and juveniles, see UN Bangkok Rules, op. cit., note 79, Rule 63; and UN Beijing Rules, op. cit.,
note 126, Rule 28.1, respectively.
431 ICRC, “Radicalization in Detention – the ICRC’s Perspective”, op. cit., note 134, p. 2.
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