indicators in the classification of radicalization, and that prisoners could not challenge
206
their classifications.
Lack of transparency and application of indicators without sufficient
procedural safeguards
Practice example 3: In one country, those believed to have been radicalized to terrorism
or violence (and, therefore, presumed security threats) are registered on a specific list and
subject to various measures, from keeping a diary of their observed activities to contact
limitation, solitary confinement and, sometimes, placement in so-called “D-Rad:Ex wings”
(special units in prisons for detainees considered to present the greatest risk of violent
radicalization). The UN Special Rapporteur on Counter-Terrorism expressed concern that
the procedure for placing an individual in one of these wings was opaque and there
207
was no review process. Prison staff did continually assess “signs of radicalization” and
208
categorize the prisoners accordingly. The prisoners, however, were not informed of
these assessments or their implications, nor was there a process for them to challenge
the assessment. The Special Rapporteur emphasized the complexity of identifying
radicalization to violence or terrorism, the need for specialized trained professionals,
transparency and consistency, and the risks of associating genuine religious practice
209
with radicalization.
Practice example 4: In another country, the UN Special Rapporteur on Counter-Terrorism
has noted that in the so-called “radicalization evaluation units”, where prisoners convicted
of terrorist acts spend four months and where, through multi-disciplinary approaches,
210
their level of radicalization to violence or terrorism and risk potential is assessed, prison
staff seemed knowledgeable and aware of the challenges of risk and needs assessment
practices. However, at the same time, the Rapporteur’s report raised concerns about
the transparency and consistency of the risk assessment procedure involving different
professionals, as well as about the lack of the possibility to appeal placement decisions
and the way in which the four-month assessment period in the unit was used as a
211
justification for the low level of activities available for detainees.
206 Report of the UN Special Rapporteur on Counter-Terrorism, Visit to Kazakhstan, op. cit., note 108, para.
35.
207 Report of the UN Special Rapporteur on Counter-Terrorism, Visit to Belgium, A/HRC/40/52/Add.5, 8 May
2019, para. 38. See also: Comité T, “Assessment of Measures to Combat Terrorism in the Light of Human
Rights,” 2020.
208 Ibid., para. 39: Prison authorities continually assess signs of radicalization exhibited by inmates. Those
considered radicalized or at risk of radicalization (so-called “CelEx” detainees) will fall into one of the
following categories: category A (convicted of or charged with terrorism); category B (so-called “assimilated
persons” whose files indicate a connection with terrorism); category C (foreign terrorist fighters); and
category D (detainees who evidence signs of radicalization). Three further categories are to be added to
this classification system, including “home-grown terrorists” and “hate preachers”.
209 Ibid., para. 40.
210 Report of the UN Special Rapporteur on Counter-Terrorism, Visit to France, A/HRC/40/52/Add.4, 8 May
2019, para. 43 on the radicalization evaluation units (“Quartier d’évaluation de la radicalization” or QER).
211 CGLPL , «Prise en charge pénitentiaire des personnes ‘radicalisées’ et respect des droits fondamentaux”,
January 2020, p. 32; Report of the UN Special Rapporteur on Counter-Terrorism, Visit to France, ibid.,
para. 42.
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