Introduction Preventing and countering violent extremism and radicalization that lead to terrorism 1 (VERLT) is an area of increasing focus at the international, regional and national levels. This also applies to the prison context, due to fears that prisons may represent breeding grounds for VERLT. Such concerns are heightened after terrorist attacks perpetrated by individuals who appear to have radicalized towards violence while imprisoned. With an increasing focus on preventing and countering radicalization in prisons leading to terrorism or violence, states are adopting measures that often have profound impacts on prisoners’ human rights. Scrutiny by independent monitors is, therefore, pivotal in ensuring that all such measures are based on the rule of law and respect for human rights and fundamental freedoms. This guide seeks to equip detention monitors with tools and knowledge of the subject relevant to their respective monitoring mandates and 2 methodologies, in order to assist them in focusing on this area. While generalizations about the extent to which radicalization to terrorism or violence occurs or grows in prisons are difficult to make, prisons are viewed as potential places where detainees may become vulnerable to, reinforce or embrace violent extremist views. This can be, for example, when exposed to peers who recruit for violent extremist groups and/or can be linked to poor conditions of detention and treatment. The deficiencies of some prison systems in adequately supporting violent extremist prisoners in disengaging, rehabilitating and reintegrating into society and, thus, in reducing risks of recidivism, are an additional element to be taken into consideration. Prison administrations need to be properly equipped to handle a growing number of prisoners accused or convicted of offences related to terrorism and violent extremism, not least because of the expanding 3 scope of counter-terrorism laws in many countries in the OSCE region and worldwide. States have an obligation to prevent and counter terrorism, but fulfilling this obligation must not come at the expense of human rights. The 2006 United Nations (UN) Global 1 2 3 8 Often also referred to as countering or preventing violent extremism (CVE or PVE). For an overview of the different terms and notions and how they differ from countering terrorism, see OSCE, The Role of Civil Society in Preventing and Countering Violent Extremism and Radicalization that Lead to Terrorism: A Focus on South-Eastern Europe, (OSCE: Vienna, 2019), pp. 20-21. On some of the conceptual challenges, see also section 1.1. Understanding VERLT, below. So far, the main publications on VERLT in prisons are directed at prison authorities and frontline officers. See, UNODC Handbook on the Management of Violent Extremist Prisoners and the Prevention of Radicalization to Violence in Prisons, (New York: UNODC, October 2016), and Council of Europe, “Council of Europe Handbook for Prison and Probation Services regarding Radicalization and Violent Extremism” (Council of Europe Handbook), European Committee on Crime Problems (CDPC) Council for Penological Co-Operation (PC-CP), Council of Europe, 1 December 2016. It is important to note that violent extremism is a policy term and should not be used to define criminal offences. ODIHR, Penal Reform International (PRI) and other international bodies have consistently raised concerns pertaining to “extremism”/“extremist” as a legal concept and the vagueness of such a term, particularly in the context of criminal legislation. See, e.g., ODIHR, “Note on the Shanghai Convention on Combating Terrorism, Separatism and Extremism”, Opinion-Nr.: TERR-BiH/382/2020 [AlC], 21 September 2020, para 54. All legislative reviews of ODIHR on “extremism”-related legislation in different OSCE participating States can be found at legislationline.org. See also section 1.1. Understanding VERLT, below.