Rights of the Child, the UN Nelson Mandela Rules, the UN Bangkok Rules and the UN
126
Havana Rules. Pre-trial detainees are to be presumed innocent and need to be treated
127
accordingly. The rights of foreign nationals have to be equally respected, including their
128
right to consular assistance and to receive information in a language they understand.
124
125
In addition to those international standards, all OSCE participating States have committed
themselves to “treat all persons deprived of their liberty with humanity and with respect
129
for the inherent dignity of the human person”. Human rights must be respected for all
prisoners, regardless of what they are accused or convicted of, including (suspected)
violent extremist prisoners. While certain human rights are absolute and cannot be limited
130
under any circumstances, limitations on all others must meet the principles of legality,
necessity and proportionality, and must be non-discriminatory. Furthermore, failure to
ensure the human rights of these detainees may fuel violent extremism narratives, playing
into the hands of recruiters and attracting more followers, as highlighted in Part 1.
The inherent dignity of every human being, an overarching principle of the UN Nelson
131
Mandela Rules, entails the protection of every individual in detention from torture and
other ill-treatment, as well as the provision of adequate material conditions and personal
safety and security. No circumstances whatsoever can be invoked as a justification for
torture and other ill-treatment, including the aim of preventing and countering terrorism
and VERLT.
Protecting human rights while ensuring safety and security
in prisons
States have a responsibility to ensure the safety and security of prisoners, staff, service
132
providers and visitors at all times. This includes preventing any risk of escape, of
disruption within prisons and of potential violence between those detained or between
prisoners and staff. Preventing violence may be particularly challenging in facilities
housing (suspected) violent extremist prisoners from a wide spectrum of ideologies, as
some of these may demonstrate particularly disruptive behaviours towards others and
124 UN United Nations, “Convention on the Elimination of All Forms of Discrimination against Women”
(CEDAW), 18 December 1979; UN CRC, op. cit., note 14.
125 UN Nelson Mandela Rules, op. cit., note 13.
126 UN Bangkok Rules, op. cit., note 79; UN General Assembly Resolution 40/33, “Standard Minimum Rules
for the Administration of Juvenile Justice (the Beijing Rules)”, New York, 29 November 1985; UN Havana
Rules, op. cit., note 86; UN General Assembly Resolution 45/112, “Guidelines for the Prevention of
Juvenile Delinquency (the Riyadh Guidelines)”, New York, 14 December 1990; IACHR “Principles and Best
Practices on the Protection of Persons Deprived of Liberty in the Americas”, op. cit., note 123, Principles
II, III, X, XII, XIII, XIX, XX, XXII, EPR, Rules 11.1, 11.2, 19.1, 34, 35 and 36.
127 UN Nelson Mandela Rules, op. cit., note 13, Rules 111-120.
128 Ibid., Rule 55 and 62.; EPR, op. cit., note 123, Rule 37. See also, Human Rights in Counter-Terrorism
Investigations: A Practical Manual for Law Enforcement Officers, (Warsaw: ODIHR, 2013), pp. 72 and 87.
129 OSCE Moscow Document, op. cit., note 113, para. 23. See also: OSCE Vienna Document, op. cit., note
113, para. 23.2.
130 Such as the right to be free from torture and other ill-treatment or the prohibition of slavery.
131 UN Nelson Mandela Rules, op. cit., note 13, Rule 1. For a complete analysis of the Nelson Mandela Rules,
see also ODIHR & PRI, Guidance Document on the Nelson Mandela Rules, op. cit., note 10.
132 UN Nelson Mandela Rules, ibid., Rule 1. See also: IACHR, “Report on the Human Rights of Persons
Deprived of Liberty in the Americas”, OEA/Ser.L/V/II.Doc. 64, 31 December 2011, para. 77.
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