Part 2 addresses the following questions:
•
How are risks of VERLT detected and assessed in prisons? What are the main human
rights concerns that may arise in this regard?
•
What are the different placement policies and security regimes adopted by states in
the context of VERLT? How do they impact the rights of those detained?
•
What programmes are available to support those convicted of terrorism- and violent
extremism-related offences to disengage from VERLT and reintegrate into society?
What human rights implications arise?
•
What are the specific challenges for prison staff in working with (suspected) violent
extremist prisoners? How can these be addressed by prison administrations?
•
How do prison-based measures in the area of VERLT impact the following rights:
the prohibition of torture and other cruel, inhuman or degrading treatment or
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punishment;
the right to humane treatment of persons deprived of their liberty?
the right to a fair trial; presumption of innocence;
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the respect for private and family life, privacy and data protection;
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115
116
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OSCE participating States agreed to uphold the absolute prohibition on torture in the Vienna, Copenhagen
and Moscow Documents, see OSCE, “Vienna Document 2011, on Confidence- and Security-Building
Measures” (Vienna Document), Vienna, 30 November 2011; OSCE, “Document of the Copenhagen Meeting
of the Conference on the Human Dimension of the CSCE” (Copenhagen Document), Copenhagen, 29
June 1990; OSCE, “Document of the Moscow Meeting of the Conference on the Human Dimension of
the CSCE” (Moscow Document”, 3 October 1991; as well as in the “Charter for European Security: III.
Our Response”, Istanbul, 19 November 1999; in OSCE Ministerial Council Decision No. 12/05, “Upholding
Human Rights and the Rule of Law in Criminal Justice Systems”, Ljubljana, 6 December 2005; in the
“CSCE Helsinki Document 1992 – The Challenges of Change” (Helsinki Document), 10 July 1992; OSCE
Ministerial Council “Ministerial Declaration on the Occasion of the 25th Anniversary of the Adoption of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”, Athens, 2
December 2009; ICCPR, op. cit., note 85, Article 7; Council of Europe, “Convention for the Protection of
Human Rights and Fundamental Freedoms” (hereafter European Convention on Human Rights, ECHR),
4 November 1950, Article 3; EU, “Charter of Fundamental Rights of the European Union” (CFREU), 2
October 2000, Article 4; and the United Nations Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, op. cit., note 105.
ICCPR, op. cit., note 85, Article 10, including the right of prisoners to treatment “the essential aim of which
should be their reformation and social rehabilitation” (Article 10.3).
OSCE, Copenhagen Document, op. cit., note 113 para. (5.19); ICCPR, ibid., Article 14(2); ECHR, op. cit.,
note 113, Article 6(2); CFREU, op. cit., note 113, Article 48; the American Declaration of the Rights and
Duties of Man (ADRDM), 1948, Article, 26; UN General Assembly, Resolution 43/173, “Body of Principles
for the Protection of All Persons under Any Form of Detention or Imprisonment”, Principle 36(1). See also,
UN Human Rights Committee (hereafter referred to as UN CCPR), “General Comment No. 32 – Article 14:
Right to Equality before Courts and Tribunals and to Fair Trial”, CCPR/C/GC/32, 23 August 2007.
OSCE, Moscow Document, op. cit., note 113; ICCPR, op. cit., note 85, Article 17; ECHR, op. cit., note 113,
Article 8; CFREU, op. cit., note 113, Article 7; and ADRDM, ibid., Articles 5, 9 and 10.
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