Counter-Terrorism Strategy and related OSCE commitments have acknowledged that the
protection and promotion of human rights are critical to effectively preventing andcountering
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terrorism. A lack of respect for human rights can create conditions conducive to the
spread of terrorism or VERLT. Similarly, actions to address VERLT effectively need to
be human rights-compliant to ensure that they do not undermine their very purpose,
which includes to protect and maintain a democratic society and the rule of law. Thus,
ensuring security and respect for human rights are not competing, but complementary
and mutually reinforcing goals. When unlawful violent acts are perpetrated, national
measures should encompass prosecuting suspected offenders in line with international
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human rights standards and working towards their reintegration into society. This echoes
the long-standing understanding at the UN, OSCE and Council of Europe that respect for
human rights and the rule of law should be at the very core of any effective measures to
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counter terrorism and VERLT.
The need for a human rights-based approach to preventing and countering radicalization
leading to terrorism or violence in prisons has been highlighted, for example, by the UN
Secretary General, in his Plan of Action to Prevent Violent Extremism (hereafter “the UN
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Plan of Action”). While OSCE participating States have taken note that radicalization to
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terrorism may take place in prisons, they have consistently pledged in their commitments
to fully respect international law and human rights in preventing and countering terrorism
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and VERLT.
Purpose of the guide
This guide seeks to provide detention monitors with an enhanced understanding of VERLT
and the key human rights issues arising in the context of preventing and countering VERLT
in prisons, including the prevention of torture and other ill-treatment, as well as gender
considerations. As part of this, this guide explores the vital need to ensure effective steps
towards the rehabilitation and reintegration of violent extremist prisoners while in prison
to help prepare for their release. It aims to offer practical guidance on how to address the
issue of VERLT in prisons when carrying out detention monitoring.
Given other guidance already available, this resource is not a repository of measures to
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United Nations (UN) General Assembly Resolution 60/288, “The United Nations Global Counter-Terrorism
Strategy”, A/RES/60/288, 8 September 2006; OSCE, Ministerial Council Statement 3/07, “Ministerial
Statement on Supporting the United Nations Global Counter-Terrorism Strategy”, Madrid, 30 November
2007.
Humera Khan, “Why Countering Extremism Fails”, Foreign Affairs website, 18 February 2015.
See, for instance, UN General Assembly, “The United Nations Global Counter-Terrorism Strategy”, op. cit.,
note 4; Council of Europe, “Council of Europe Convention on the Prevention of Terrorism”, CETS No. 196,
Warsaw, 16 May 2005; Council of Europe, “Guidelines on Human Rights and the Fight against Terrorism”,
11 July 2002; OSCE, Permanent Council Decision No. 1063, “OSCE Consolidated Framework for the
Fight against Terrorism”, Vienna, 7 December 2012.
UN, “Plan of Action to Prevent Violent Extremism”, Report of the UN Secretary General, A/70/674, 24
December 2015, para. 50(f).
OSCE Ministerial Council Declaration 4/15, “Preventing and Countering Violent Extremism and
Radicalization that Lead to Terrorism”, Belgrade, 4 December 2015.
For the list of commitments related to human rights in the fight against terrorism, see OSCE Secretariat
Transnational Threats Department, “Overview of OSCE Counter-Terrorism Related Commitments”, July
2020, pp. 7-22.
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