Another potential challenge is limitations on access (or no access at all) to individual
prisoner files, based on the argument that they include classified information. In the
case of NPMs, however, Article 20 of OPCAT requires full and unimpeded access to all
information about the treatment of prisoners and the conditions of detention, regardless
of security classification. In the case of NHRIs, the denial of such access runs contrary to
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the international principles on detention monitoring work, namely the Paris Principles.
Thorough preparation prior to a visit, including communication of the monitors’ mandate
and methodology and of the purpose of the visit, can help monitors address any refusal by
the detaining authorities to provide information, whether on grounds of national security
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or otherwise.
Drafting reports and recommendations
Detention monitors need to consider carefully how information is presented and how
recommendations are formulated, in light of the politically sensitive context of terrorism
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and VERLT. The storage and sharing of data on interviewees has to ensure security and
privacy. Monitoring bodies should be prepared for particular scrutiny of their reports and
statements by the general public, media and state authorities, which may include attempts
to undermine their credibility, accusations that they unjustifiably understate the threat of
VERLT in prisons, or even accusations of sympathy with terrorist and violent extremist
groups. Criticism and scrutiny of detention conditions and the treatment of prisoners are
more likely to be disregarded in a general climate where the threat of terrorist and violent
extremist acts is high or is perceived to be so.
As always, monitoring reports should be grounded on solid objective facts, gathered
from multiples sources of information and interviews, and be validated and thoroughly
formulated. It is critical that detention monitors acknowledge, to the proper extent, the
threat that VERLT may pose inside prisons, based not just on existing data but also
considering new factors, such as the increasing return of “foreign terrorist fighters”. They
may want to frame their views and recommendations in a way that stresses the link
between human rights violations and the increased risk of VERLT in prisons. This can
be done by demonstrating that measures that do not meet human rights standards are
counterproductive to effectively preventing and countering VERLT in prisons, as set out
in this guide.
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According to the Paris Principles, national institutions shall within the framework of its operation, the
national institution shall: “(b) Hear any person and obtain any information and any documents necessary
for assessing situations falling within its competence”. Regarding access to information more generally,
which will be relevant for all monitors (NPMs, NHRIs and civil society), see also, for example, The Global
Principles on National Security and the Right to Information (Tshwane Principles).
See also Tips for monitors 1: planning and preparing visits.
Specific guidance on how to make effective recommendations is already available to monitors and will not
be repeated for the purpose of this document. See for example, APT, “Detention Monitoring Briefing No.
1: Making Effective Recommendations”, November 2008.
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