? Questions for monitors: Classification, risk and needs assessments Monitoring bodies should address the possibility of discriminatory, arbitrary risk and needs assessments and over-classification, which can be particularly strong in the case of detainees accused or convicted of terrorism- and violent extremism-related offences or deemed “at risk” of VERLT. Monitors could inquire about the following: • What indicators are used to identify potential violent radicalization, and do these indicators, in policy and practice, discriminate against particular (groups of) prisoners or otherwise infringe on prisoners’ rights? • Are there clear guidelines/policies and regulations, as well as training, on how to conduct risk and needs assessments? What kind of risk and needs assessment tools are used? Are they specific to VERLT? When and how frequently are they conducted for (suspected) violent extremist prisoners? • Are risk and needs assessments gender- and age-sensitive? How are risk and needs assessments of pre-trial detainees conducted to ensure the protection of their presumption of innocence? How are mental health issues and needs, in particular of women, children and/or “foreign terrorist fighters”, taken into account in the assessments? • On what kind of criteria are risk and needs assessments conducted? To what extent do they take into consideration the detainees’ charges and offences, nationality, ethnicity, religion, political stance and travel history (are there blanket rules)? • Are detainees able to evolve to less restrictive prison regimes during their detention, on the basis of subsequent, regular risk and needs assessments or through procedures in law and practice to challenge their classification and allocation? Is there a control or accountability mechanism in place to avoid arbitrary risk and needs assessments and classification? • Is information related to risk and needs assessments properly recorded in prisoners’ files? Is the security and confidentiality of such information ensured? Who can register, access and use the information in prisoner files? • Do prisoners have the right to be heard as part of the risk and needs assessments? Are they notified of decisions taken on the basis of such assessments? Are there processes to challenge such decisions? Do they have access to information related to their risk and needs assessments? • Are there clear regulations and protocols on the sharing of information between the prison administration and other agencies, including intelligence agencies, to protect privacy and personal data? How is the confidentiality of medical files protected in line with medical ethics? • How are prison staff trained in using these tools? How are the risks of personal bias and discrimination mitigated? Do prison staff feel more pressure when conducting risk and needs assessments of (suspected) violent extremist prisoners, considering the potential risks and sensitivity around them? Does this negatively impact the realization of the human rights of these detainees? 51