and foreign nationals who are being held for terrorism-related charges or are considered
to be “at risk” or “vulnerable” to VERLT.
Detention monitors are also pivotal to ensuring that the public is aware of prison-based
measures to prevent and counter terrorism and VERLT, and of the impact of these
measures on human rights. Dialogue between detention monitors and authorities can
lead to the design of more human rights-compliant measures, which can both enhance
the rights of prisoners and help to address the risk of radicalization to terrorism and
recruitment into violent extremist groups in prison more effectively. Indeed, failure to
comply with human rights in the overall management of prisons and in efforts to address
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VERLT may contribute to increased radicalization leading to terrorism or violence. In
the words of the former UN Special Rapporteur on Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment (hereafter, the “UN Special Rapporteur on Torture”),
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“torture and ill-treatment only breeds more crime and more terrorism.”
Terrorism and VERLT, the dynamics in prisons of potential radicalization leading to terrorism
or violence and the responses to counter them, may be new areas for some detention
monitors. However, many core components of prison management aimed at containing
the spread of violent extremism and radicalization to terrorism will not necessarily
represent new areas of work. Detention monitors can rely on their own past work when
monitoring security measures. This could include analysis of and recommendations on
high-security facilities or heightened security measures. For example, NPMs in the Czech
Republic and Switzerland have focused some of their visits and reports on high-security
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settings and the prevention of torture and other ill-treatment, while other NPMs have
looked into practices such as body searches, handcuffing, CCTV surveillance and solitary
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confinement – all of which are relevant to the issues addressed in this guide.
Measures to prevent and counter terrorism and VERLT have a whole myriad of human
rights implications. Identifying and assessing these implications should be built into the
monitoring protocol of any monitoring body. Monitors can build on the practical experience
they have accumulated in monitoring closed institutions and can draw on their existing
methodologies and expertise on the protection of human rights in places of detention,
including the right to be free from torture or other ill-treatment.
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Council of Europe, “Guidelines for Prison and Probation Services Regarding Radicalisation and Violent
Extremism”, Adopted by the Committee of Ministers on 2 March 2016, Guideline 1.
Lauren Frohne, “Torture: It Can Happen Anywhere”, Open Society Foundation Voices, 13 February 2013.
Public Defender of Rights-Ombudsman of the Czech Republic, “Report on Systematic Visits Carried
Out by the Public Defender of Rights”, 2016; “Rapport d’activité 2013 de la Commission nationale de la
prévention de la torture (CNPT)”, Chapter 3.
See, for example: “2016 Annual Report of the Office of the Ombudsman as National Preventive Mechanism”,
Bulgaria, 2016; “Report on the Performance of Activities of the National Preventive Mechanism
for 2016”, Republic of Croatia Ombudsman, November 2017; “Länderkomission Besuchsbericht –
Justizvollzuganstalt Butzow – Frauenabteilung” (in German only), Nationale Stelle zur Verhütung von
Folter, 4 May 2017; “Report of the Polish Commissioner for Human Rights on the Activities of the National
Mechanism for the Prevention of Torture in 2016”, Warsaw 2017.
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