victimizers and victims”. The ability of the prison system to support these children and
to ensure that they do not face additional victimization on account of the offences they
are accused or convicted of is paramount to protecting them from further risks in prisons
of radicalization leading to terrorism or violence. Finally, some children may be living in
prisons with a parent convicted of terrorism and violent extremism-related offences and
93
may, in turn, be at risk of VERLT. In some situations however, separating the child could
be considered counter to their best interest, so the placement decision must be carefully
94
considered by relevant authorities, taking into account the safety of the child.
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Foreign terrorist fighters: The expansion of legislation to criminalize offences related
to so-called “foreign terrorist fighters” can be expected to lead to “an augmented number
95
of violent extremists in prisons”. However, the extent to which prospective and returning
foreign terrorist fighters may represent a factor driving other detainees to VERLT remains
96
unclear, partly because their levels of motivation and threat may vary greatly. The actual
risks they pose should be thoroughly assessed using rigorous and vetted assessment
tools administered by trained professionals. Automatically labelling and treating individuals
as violent extremist prisoners who pose high threats will likely result in unnecessary and
disproportionate restrictions and reinforce their stigmatization. As some foreign terrorist
fighters express regret and their willingness to disengage upon their return, proximity
with others convicted of offences related to terrorism or violent extremism would also be
97
counterproductive.
Pre-trial detainees are most vulnerable immediately following their arrest, a vulnerability
that may be particularly intensified by their experience in pre-trial detention and utilized
by recruiters. In some jurisdictions, pre-trial detention lasts several years, even more
so as some OSCE participating States have increased the maximum period of pre98
trial detention in counter-terrorism cases, including for children. Pre-trial detention is
also often characterized by poor detention conditions, including fewer programmes
and activities available compared to those provided in facilities for convicted prisoners.
Moreover, there are more restrictions to contact with the outside world. Sometimes, such
facilities are operated by prison staff with less training and experience, and who are
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assigned on a temporary basis. Pre-trial detainees tend to experience particular stress
during ongoing investigations and criminal proceedings, with increased frustration in
particular when these are protracted and/or conducted in a way that is perceived to be
discriminatory or unfair.
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26
Ibid., p. 2.
PRI, “Children and Violent Extremism”, ibid., p. 11.
UN Office of Counter-terrorism (UNCCT), “Children affected by the Foreign-Fighter Phenomenon: Ensuring
a Child Rights-Based Approach”, para. 196, p. 90.
Council of Europe, “Council of Europe Handbook”, op. cit., note 2, para. 42-43.
For in-depth discussion on the threats and challenges of FTFs see: ODIHR, Guidelines for Addressing the
Threats and Challenges of “Foreign Terrorist Fighters” within a Human Rights Framework, op. cit., note 23.
Council of Europe, “Council of Europe Handbook”, op. cit., note 2, para. 42.
For instance, France has “increase[d] the maximum period of pre-trial detention for children aged 16
and older up to three years, depending on the [terrorism-related] offence”, see Amnesty International,
“Dangerously Disproportionate: The Ever-Expanding National Security State in Europe”, 17 January 2017,
p. 15.
IIJ, “Prison Management Recommendations to Counter and Address Prison Radicalization”, op. cit., note
60, Recommendation 1.
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