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). 58

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