in particular enforced disappearance, torture and other ill-treatment. Second, such
contacts may support efforts to disengage from VERLT, as alternative voices can be
305
beneficial in challenging perceptions. Furthermore, for reintegration purposes, those
detained need support networks. For those detainees who are parents, their mental
well-being may be severely impacted by the separation from their children. Similarly for
children, maintaining contacts with their parents is crucial, should that be in their best
306
interests. As a general rule, prisoners should be allowed, “under necessary supervision”,
to communicate (through visits, phone calls and correspondence) with their families and
307
friends at regular intervals. Visits are a right, not a privilege that can be removed as a
308
disciplinary measure.
304
Decisions on the extent and nature of contact with family and friends may be complex
in the VERLT context. They revolve around the questions of whether prisoners may
use such contacts to continue their active involvement in violent extremist and terrorist
groups, and also whether such contact may be detrimental to prisoners on the path to
disengagement when families and friends are themselves supporting or are involved in
VERLT. Nevertheless, major concerns arise when contacts are restricted due to concerns
over an individual’s radicalization to violence. Restrictions that are automatically applied
as a matter of routine without proper individual assessment of their necessity and
309
proportionality are impermissible. Crucially, regardless of the security classification of a
prisoner, visit entitlements should be carried out according to risks associated with the
310
specific visits (on a case-by-case basis).
The number of high-security or dedicated facilities that can house (suspected) violent
extremist prisoners is often limited and/or geographically concentrated in a given country,
which may further impede prisoners’ contacts with families. This could have a particularly
isolating effect on people in situations of vulnerability and those with specific needs, such
311
as children, foreign nationals and women. Importantly, language restrictions should not
312
lead to restrictions on communication with the outside world.
Access to and contact with detainees concentrated in specific units for (suspected) violent
extremist prisoners differ greatly across the OSCE region. Some are allowed to receive
visitors in the same conditions as the general prison population and may benefit from
longer visits to compensate for their lack of frequency due to the location of the facilities.
They are allowed access to a phone and, in most cases, have phone conversations in
304 APT, Yes, Torture Prevention Works: Insights from a Global Research Study on 30 Years of Torture
Prevention, (Geneva: APT, 2016), p. 17.
305 For more information on the different types of prison visits, see ODIHR & PRI, Guidance Document on the
Nelson Mandela Rules, op. cit., note 10, Chapter 5, Context Box 5.2.
306 Council of Europe, “Council of Europe Handbook”, op. cit., note 2, paras. 148-150.
307 UN Nelson Mandela Rules, op. cit., note 13, Rule 58.
308 UN Nelson Mandela Rules, op. cit., note 13, Rule 43(3). Disciplinary sanctions or restrictive measures
shall not include the prohibition of family contact. The means of family contact may only be restricted for a
limited time period and as strictly required for the maintenance of security and order.
309 Council of Europe, “Guidelines for Prison and Probation Services regarding Radicalisation and Violent
Extremism”, op. cit., note 56, Guideline 3.
310 ODIHR & PRI, Guidance Document on the Nelson Mandela Rules, op. cit., note 10, Chapter 5, para. 32-35.
311 Ibid., Chapter 1, para. 103-115.
312 This is particularly important in the case of foreign nationals. Language limitations should not be used as
an indirect way of restricting foreign nationals’ communication with the outside world, and any monitoring
should be proportionate to security concerns. ODIHR & PRI, Guidance Document on the Nelson Mandela
Rules, op. cit., note 10, Chapter 5, para. 84.
66
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