radicalization leading to terrorism or violence and recruitment of other prisoners.
234
Placement policies will depend on factors related to the particular prison system,
such as the existing infrastructure, staff capacities, financial resources and problems
of overcrowding, as well as the nature and extent of risks of radicalization leading to
terrorism or violence in prisons, including the size of the prison population concerned
235
and the organization and modus operandi of violent extremist groups in prisons. Since
236
there are insufficient data to date, it remains to be seen which policy is most effective.
While not judging the relative merits of such policies, the CPT has noted that, based on
its interviews in prisons, the separation option may allow “more radicalized” prisoners to
237
influence “less radicalized” prisoners.
Rather than automatically applying one option to all prisoners concerned, placement
should be based on an individual assessment, frequently reviewed, and open to being
challenged/appealed. For instance, it would seem more appropriate to integrate a
disillusioned returnee from a terrorist group abroad with the general prison population,
so they can benefit from interaction with other prisoners on the path to disengaging
from VERLT. There is also no evidence to suggest that children accused or convicted of
terrorism and violent extremism-related offences or considered to be “at risk” of VERLT
238
should be automatically separated within facilities for children. The principal criterion for
their placement should remain “[…] the provision of the type of care best suited to [their]
particular needs […] and the protection of their physical, mental and moral integrity and
239
well-being”. Importantly, “in all actions concerning children (…) the best interests of the
240
child shall be a primary consideration” and the detention of a child “shall be used only
241
as a measure of last resort and for the shortest appropriate period of time.” Subject to
242
those principles, alternatives to imprisonment, pre-trial or alternative sanctions should
also be available for children – boys and girls alike – accused or convicted of terrorism 243
and violent extremism-related offences.
234 On the advantages and disadvantages of the different placement options, please see Council of Europe,
“Council of Europe Handbook”, op. cit., note 2, Chapter V, para. 125-126 and UNODC, Handbook on the
Management of Violent Extremist Prisoners and the Prevention of Radicalization to Violence in Prisons,
op. cit., note 2, pp. 46-54; EU-RAN, “Approaches to Countering Radicalization and Dealing with Violent
Extremist and Terrorist Offenders in Prisons and Probation”, op. cit., note 80, p. 21-22.
235 UNODC, Handbook on the Management of Violent Extremist Prisoners and the Prevention of Radicalization
to Violence in Prisons, ibid., pp. 46-47.
236 Council of Europe, “Council of Europe Handbook”, op. cit., note 2, Chapter V, para. 125.
237 See, for example, CPT, “Report to the Authorities of the Kingdom of the Netherlands on the Visits Carried
Out to the Kingdom in Europe, Aruba, and the Netherlands Antilles by the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment”, 5 February 2008, para. 40.
238 Global Center on Cooperative Security and ICCT, “Correcting the Course: Advancing Juvenile Justice
Principles for Children Convicted of Violent Extremism Offenses”, op. cit., note 187, p. 14.
239 UN Havana Rules, op. cit., note 86.
240 Ibid, UN CRC, op. cit., note 14, Article 3(1).
241 Ibid., Article 37b.
242 Ibid., note 14, Article 40, para. 3 (b) and (4). GC 24, para. 15-18, includes detail on “diversion”: Measures
referring children away from the judicial system, any time prior to or during the relevant proceedings.
243 UN Committee on the Rights of the Child, “General Comment No. 24”, op. cit., note 14, para. 100: “The
Council also urged Member States to consider nonjudicial measures as alternatives to prosecution and
detention that were focused on reintegration, and called on them to apply due process for all children
detained for association with armed forces and armed groups”; GCTF, “Neuchâtel Memorandum on Good
Practices for Juvenile Justice in a Counterterrorism context”.
55
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