In countries where there are few female detainees charged with or convicted of violent
extremism or terrorism-related offences, women are sometimes placed in isolation to
separate them from the other detainees. Equally concerning, in some countries with
limited facilities for women, women are placed in the same special units as men and, as
a result, submitted to even more severe confinement conditions to keep them physically
259
separated from male prisoners. Such practices result in women being held in solitary
confinement, usually prolonged, in contravention of the UN Nelson Mandela Rules and
the absolute prohibition of torture or other ill-treatment.
At any one time there are likely to be a very small number of children in a facility charged
with or convicted of violent extremism or terrorism-related offences. This makes
separation from the general population more challenging, since they may be held in de
facto solitary confinement and lack opportunities to mix with others. There is likely to be
a strong rehabilitative effect of maintaining contact with other children, which suggests
that segregation and separation may not be beneficial.
In a number of OSCE participating States, pre-trial detainees with terrorism- or violent
extremism-related charges are kept together with sentenced prisoners and subjected to
the same conditions of detention, including solitary confinement. This is contrary to the
260
obligation to separate prisoners according to their legal status, age and gender. Solitary
confinement in pre-trial detention may raise serious concerns over the presumption of
innocence and the prohibition of torture, when the practice is intentionally used to obtain
information or a confession, or if it is prolonged or indefinite. The UN Special Rapporteur
on Torture has called for the end of its use in pre-trial detention as a control measure
261
to segregate individuals, protect ongoing investigations and avoid detainee collusion.
Furthermore, regardless of the criminal charge, it must not be the general rule that those
awaiting trial are detained in custody, but release may be subject to guarantees to appear
262
at trial, for example.
Even below the threshold of solitary confinement, detention conditions may be of such
severity that they raise concerns in relation to the dignified treatment of prisoners. In any
event, prison administrations should take the necessary measures to alleviate the potential
detrimental effects to prisoners who are or have been separated by providing alternative
social contacts and enabling these prisoners to participate in work, educational and
259 Amnesty International and Open Society Justice Initiative, “Inhuman and Unnecessary Human Rights
Violations in Dutch High-Security Prisons in the Context of Counter Terrorism”, op. cit., note 106, p. 11.
260 UN Nelson Mandela Rules, op. cit., note 13, Rule 11. See also, ICCPR, op. cit., note 85, Article 10(2).
261 Report of the UN Special Rapporteur on Torture), A/66/268, op. cit., note 256, para. 73 and 85. See also
Amnesty International and Open Society Justice Initiative, “Inhuman and Unnecessary Human Rights
Violations in Dutch High-Security Prisons in the Context of Counter Terrorism”, op. cit., note 106, p. 36.
262 ICCPR, op. cit., note 85, Article 9(3).
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