prevent and counter VERLT in prisons, nor is it a guide on general monitoring methodology.
Instead, it examines the human rights risks of VERLT-related measures in prisons and
provides guidance to detention monitors with direct relevance to the specific context of
terrorism and VERLT. In focusing on terrorism and VERLT, this guide offers a lens through
which to analyse and understand particular prison-based security strategies. It will help
monitors analyse laws, regulations and practices aimed at preventing and countering
terrorism and VERLT, as well as their impact on human rights.
This document is, therefore, primarily intended for independent detention monitors with
a mandate to prevent, address or report on human rights violations across the OSCE
area, including national preventive mechanisms (NPMs), ombudspersons offices, national
human rights institutions (NHRIs), internal inspection mechanisms and civil society
organizations (CSOs). It will also be of use to detention monitors operating outside the
OSCE region. Given the numerous guidance documents on detention monitoring already
available,10 practical advice in this guide will focus on those aspects of the detention
monitoring methodology that are specific to monitoring work on VERLT-related issues.
This guide also seeks to help raise awareness among national authorities and the public
on the work carried out by detention monitors, thus contributing to strengthened cooperation with monitoring bodies. Policymakers and prison authorities may also find
valuable guidance in this document.
Scope
This guide covers the conditions of detention and treatment of men, women and children
held in detention facilities, including pre-trial detainees. It does not address detention
in police custody specifically, although the guidance provided could be drawn on
for detention monitoring in such facilities as well. The guidance provided focuses on
individuals suspected of or convicted for terrorism-related offences, as well as on those
suspected of or convicted for other offences who are wrongly or rightly perceived to
be affiliated with terrorist or violent extremist groups, or who are considered by prison
authorities to be “at risk” of or “vulnerable” to VERLT.
Given the various mandates of detention monitors, this document explores a broad
spectrum of human rights, including but not limited to the protection from torture and
other ill-treatment. Ombudsperson offices, NHRIs and, to some extent, CSOs may cover
a broader range of human rights concerns, including reactive work or the investigation
of individual cases. NPMs, established under the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT)
11
have an explicit mandate to prevent torture or other ill-treatment and, thus, adopt a
preventive forward-looking approach, identifying systemic deficiencies or practices,
10
11
10
For a detailed presentation of detention monitoring methodology, see for example: Association for the
Prevention of Torture (APT), Monitoring Places of Detention: A Practical Guide, (Geneva: APT, 2004); for
a list of examples of existing monitoring tools see: ODIHR & Prison Reform International (PRI), Guidance
Document on the Nelson Mandela Rules, (Warsaw: ODIHR/PRI, 2018), Chapter 7, Box 7.1; regarding
the independent monitoring of places of detention during the COVID-19 pandemic, see: ODIHR & APT,
Guidance Monitoring Places of Detention through the COVID-19 Pandemic, (Warsaw: ODIHR/APT, 2020).
UN, “Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment” (OPCAT), 18 December 2002, Articles 1, 3, 4, and 17-23.
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