Another potential challenge is limitations on access (or no access at all) to individual prisoner files, based on the argument that they include classified information. In the case of NPMs, however, Article 20 of OPCAT requires full and unimpeded access to all information about the treatment of prisoners and the conditions of detention, regardless of security classification. In the case of NHRIs, the denial of such access runs contrary to 110 the international principles on detention monitoring work, namely the Paris Principles. Thorough preparation prior to a visit, including communication of the monitors’ mandate and methodology and of the purpose of the visit, can help monitors address any refusal by the detaining authorities to provide information, whether on grounds of national security 111 or otherwise. Drafting reports and recommendations Detention monitors need to consider carefully how information is presented and how recommendations are formulated, in light of the politically sensitive context of terrorism 112 and VERLT. The storage and sharing of data on interviewees has to ensure security and privacy. Monitoring bodies should be prepared for particular scrutiny of their reports and statements by the general public, media and state authorities, which may include attempts to undermine their credibility, accusations that they unjustifiably understate the threat of VERLT in prisons, or even accusations of sympathy with terrorist and violent extremist groups. Criticism and scrutiny of detention conditions and the treatment of prisoners are more likely to be disregarded in a general climate where the threat of terrorist and violent extremist acts is high or is perceived to be so. As always, monitoring reports should be grounded on solid objective facts, gathered from multiples sources of information and interviews, and be validated and thoroughly formulated. It is critical that detention monitors acknowledge, to the proper extent, the threat that VERLT may pose inside prisons, based not just on existing data but also considering new factors, such as the increasing return of “foreign terrorist fighters”. They may want to frame their views and recommendations in a way that stresses the link between human rights violations and the increased risk of VERLT in prisons. This can be done by demonstrating that measures that do not meet human rights standards are counterproductive to effectively preventing and countering VERLT in prisons, as set out in this guide. 110 111 112 According to the Paris Principles, national institutions shall within the framework of its operation, the national institution shall: “(b) Hear any person and obtain any information and any documents necessary for assessing situations falling within its competence”. Regarding access to information more generally, which will be relevant for all monitors (NPMs, NHRIs and civil society), see also, for example, The Global Principles on National Security and the Right to Information (Tshwane Principles). See also Tips for monitors 1: planning and preparing visits. Specific guidance on how to make effective recommendations is already available to monitors and will not be repeated for the purpose of this document. See for example, APT, “Detention Monitoring Briefing No. 1: Making Effective Recommendations”, November 2008. 29

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