Part 1 addresses the following questions:
•
How are terrorism, and violent extremism and radicalization leading to terrorism
(VERLT) understood at the international level?
•
What are the nature and scale of risks of VERLT in prisons? What are the main
drivers behind VERLT in prisons?
•
Are there factors of radicalization to terrorism or violence that are specific to certain
categories of prisoners?
•
What are some of the key challenges that detention monitors may face when
working on VERLT-related issues?
Security concerns related to terrorism and VERLT are increasingly cited by authorities as
justification for safety and security measures that may lead to limitations of prisoners’ rights.
With expanding legislation criminalizing a range of conducts associated with terrorism
(such as support of terrorism, incitement, recruitment and mobilization for terrorism, and
terrorism-related travel or training), detention monitors will encounter a growing number
of individuals suspected or convicted of such offences. In an increasing number of OSCE
participating States, detention monitors will also visit facilities where individuals convicted
for other offences are detained who are involved to varying degrees in violent extremist
groups, or who are perceived by prison authorities as “vulnerable” to or “at risk” of VERLT.
Therefore, prison-based responses to terrorism and VERLT may affect a broad range of
prisoners, with possibly far-reaching consequences for their rights.
As underscored by the UN High Commissioner for Human Rights, any measures
and programmes to prevent and counter terrorism and VERLT should be subject to
meaningful oversight through independent and effective mechanisms at the national
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level. Independent human rights monitoring of measures to tackle terrorism and VERLT
should similarly apply in prison settings. The Council of Europe “Handbook for Prison and
Probation Services regarding Radicalization and Violent Extremism” (hereafter “the Council
of Europe Handbook”) notes that independent monitoring of prison and appropriate
complaint mechanisms “will prevent mismanagement of the services and abuse of rights
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and freedoms”. While acknowledging that safety and security measures in relation to
(suspected) violent extremist prisoners may present higher risks of stigmatization, the
Handbook further underlines that “organisations monitoring human rights violations will
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need to be involved”.
This is where the role of detention monitors, including NPMs and CSOs, is crucial.
Detention monitors can ensure that measures to prevent and counter terrorism and VERLT
do not violate the rights of people in prison. Detention monitors can also assess often
overlooked risk factors faced by specific groups, including women detainees, children
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At the time, the holder of the mandate of UN High Commissioner for Human Rights was Zeid Ra’ad Al
Hussein. UN High Commissioner for Human Rights, “Report on Best Practices and Lessons Learned
on How Protecting and Promoting Human Rights Contribute to Preventing and Countering Terrorism”, A/
HRC/33/29, 21 July 2016, para. 66.
Council of Europe, “Council of Europe Handbook”, op. cit., note 2, para. 10.
Ibid., p. 38.
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