inducements of preferential treatment within prison and improved possibilities of parole”
restricts freedom of expression and of manifestation of belief on the discriminatory basis
420
of political opinion. Sanctioning the non-compliance of prisoners with the request to
renounce their ideological convictions also goes against the prohibition of discrimination
421
on grounds of political or other opinion.
Misuse of programmes for intelligence-gathering
purposes
The collection of personal information represents an interference with the right to privacy
that has to be in conformity with the principles of legality, necessity, proportionality and
non-discrimination, as is the case for all other rights limitations. Staff involved in the
rehabilitation process (social workers, educators, religious representatives, psychologists,
etc.) should, therefore, consider very carefully what information may be collected from
prisoners and shared to avoid its subsequent use for any other purposes than for
rehabilitation. They should also operate with strict autonomy and independence from
those engaged in intelligence-gathering on (suspected) violent extremist prisoners or
those deemed “at risk” of VERLT. The UN Special Rapporteur on Counter-Terrorism
has expressed concern that many different actors are being given responsibility for
detecting “signs of radicalization”, and that this could interfere with their professional
422
ethical obligations. It has been noted that the involvement of prison staff with limited
related training in counter-terrorism-related tasks (or the placement of intelligence staff
among prison staff) can be problematic, lead to over-reporting and be detrimental to
423
the establishment of trusted relationships with prisoners. The duties of staff involved
in this process and of intelligence-gathering officers should be clearly delineated and
424
separated. This is key to establishing genuine relations of trust and credibility, both of
which are critical for the effectiveness of any rehabilitation and reintegration programme.
Post-release protective measures for detainees and
their families
Upon release from prison, individuals who have disengaged from VERLT may face reprisals
from the violent extremist groups to which they used to belong or from their families or
communities. States should, therefore, put in place protective measures, including the
420 UN CCPR, Yong-Joo Kang v. Republic of Korea, 15 July 2003, CCPR/C/78/D/878/1999, para. 7.2.
421 UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression,
“Report on the Mission to the Republic of Korea”, E/CN.4/1996/39/Add.1, 21 November 1995, para. 25.
422 Report of the UN Special Rapporteur on Counter-Terrorism, A/HRC/43/46, op. cit., note 108, para. 32.
423 “The Challenges to the Preventive Monitoring under OPCAT in the Context of Counter-Terrorism and AntiRadicalization Measures”, op. cit., note 102, p. 6.
424 Council of Europe CDPC PC-CP, “Commentary by Francesco Ragazzi, Scientific Expert, to the Guidelines
for Prison and Probation Services Regarding Radicalization and Violent Extremism”, op. cit., note 156, p.
6; Council of Europe, “Guidelines for Prison and Probation Services regarding Radicalisation and Violent
Extremism”, op. cit., note 56, Guidelines 4-5.
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