risks of sexual abuse and other violence to which female detainees are exposed, and
must accommodate gender-specific protection and other needs.150
Alternatives to custodial sentences have also been adopted in a number of participating
States, indicating positive practice.151 While it appears that rehabilitation has, for a long
time, largely been neglected in states’ counter-terrorism efforts, it is now recognized as
an increasingly significant aspect within the context of the criminal law framework.152
Eurojust provides examples of judicial alternatives to imprisonment, including the
attachment of “specific conditions” directed at the “rehabilitation, disengagement and/
or de-radicalisation of FTFs”.153 For reintegration and rehabilitation within the broader
context of the prevention of VERLT see section 3.5.
Finally, punishment should not extend beyond the sentence imposed by the criminal
court. If an individual is acquitted, or once his or her sentence is served, ongoing punishment is impermissible. Yet, experience indicates that onerous requirements sometimes continue far beyond acquittal or the sentence period for some individuals. The
practice of listing “perpetrators”, including persons charged but not convicted, and creating ensuing obligations for the individual concerned (such as regularly reporting to the
police), is one example.154 The fact that individuals were charged in a criminal process
should not lead to consequences other than the sentence imposed by a court of law following proof of guilt beyond reasonable doubt. Any other measures that may be imposed
outside of the criminal framework on individuals who were charged or convicted of terrorism-related offences, such as regular reporting requirements, other restrictions or
“administrative measures”, must be strictly justified by reference to the relevant legal
framework and respect due process standards.
150 See for example, “UN Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women
Offenders” (Bangkok Rules), adopted by UN General Assembly Resolution 65/229 on 21 December 2010, UN Doc.
A/RES/65/229.
151 Eurojust Report 2016, op. cit., note 132.
152 See for example, “Declaration on strengthening OSCE efforts to prevent and counter terrorism” adopted
by the OSCE Ministerial Council in Hamburg on 9 December 2016, MC.DOC/1/16, (hereafter, OSCE Declaration
on strengthening OSCE efforts to prevent and counter terrorism); and “Ministerial Declaration on preventing
and countering violent extremism and radicalization that lead to terrorism”, adopted by the OSCE Ministerial
Council in Belgrade on 4 December 2015, MC.DOC/4/15 (hereafter, OSCE Ministerial Declaration on VERLT).
See also UNOCT Report July 2017, op. cit., note 27; “Rome Memorandum on Good Practices for Rehabilitation
and Reintegration of Violent Extremist Offenders”, Global Counterterrorism Forum (GCTF), op. cit., note 95.
See also: E. Entenmann, L. van der Heide, D. Weggemans, J. Dorsey, “Rehabilitation for Foreign Fighters?
Relevance, Challenges and Opportunities for the Criminal Justice Sector”, op. cit., note 93.
153 Eurojust Report 2016, op. cit., note 132.
154 For example Eurojust notes that in France, an automated database of perpetrators of terrorist offences was
established, and “after sentencing or charging” a “perpetrator” may be listed for 20 years (underage individuals
for ten years). The listing creates a series of obligations for the individual, see: Eurojust Report 2016, op. cit., note
132. Concerns have also been expressed about Australian laws, which among other things appear to have been introduced due to perceived threats of returning FTFs, allowing for unlimited extension of prison terms of persons
convicted of terrorist offences, after their sentences are completed. See Michelle Innis, “Counterterrorism law
to let Australia detain convicts after their sentences”, the New York Times, 1 December 2016, <www.nytimes.
com/2016/12/01/world/australia/counterterrorism-law-senate-prison.html?ref=world>.
Guidelines for Addressing the Threats and Challenges of “Foreign Terrorist Fighters”
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