2.3 Human Rights Risk Area 3:
Rehabilitation And Reintegration
Programmes
The primary purposes of imprisonment are to protect society against crime and to reduce
recidivism, which can be achieved only if the period of imprisonment is used to ensure, as
far as possible, the reintegration of those detained, by offering various forms of assistance
361
and activities. The OSCE participating States have stated that prison conditions
should offer “meaningful occupational activities and appropriate treatment programmes”
362
to prepare for the reintegration of prisoners. With regard to VERLT, the UN Plan of
Action recommends the introduction of gender-sensitive disengagement, rehabilitation
and counselling programmes that take into consideration the needs of children and fully
363
comply with international human rights standards and norms. In the context of noncustodial rehabilitation and reintegration in preventing and countering VERLT, it has been
emphasized that such programmes should not be focused on a single form of VERLT,
such as violent extremism based on religion, but address all forms, including those related
364
to extreme right or ethno-nationalist movements.
Prison authorities should support prisoners in their efforts to withdraw from VERLT and
reintegrate into society upon their release. This requires sufficient out-of-cell activity,
365
as well as general and targeted interventions. Interventions have been described as
“the planned and structured processes designed to assist violent extremist prisoners to
abandon engagement in violent extremist acts or, for those considered to be at serious
366
risk of becoming radicalized to violence, to avoid committing such offences in future.”
367
They may range from general activities, similar to those offered to other prisoners, such
as education, employment and occupational activities, to specific, targeted interventions.
It is, however, important not to overestimate the necessity for specific rehabilitation
programmes for (suspected) violent extremist prisoners because of general presumptions
361 ICCPR, op. cit., note 85, Article 10.3; UN CCPR, “General Comment No. 21: Article 10 (Humane treatment
of persons deprived of their liberty)”, 1992, para. 10; UN Nelson Mandela Rules, op. cit., note 13, Rule 4;
UN Havana Rules, op. cit., note 86, Rule 12.
362 OSCE, “Brussels Declaration on Criminal Justice Systems”, 5 December 2006, The OSCE Ministerial
“Declaration on Strengthening OSCE Efforts to Prevent and Counter Terrorism”, of 9 December 2016,
para. 8, specifically called on participating States “to co-operate in efforts to address the threat posed by
terrorists, including foreign terrorist fighters and returnees, by inter alia developing and implementing, after
prosecution, rehabilitation and re-integration strategies.”
363 UN, “Plan of Action to Prevent Violent Extremism”, op. cit., note 7, para. 50(g).
364 OSCE, Non-custodial Rehabilitation and Reintegration in Preventing and Countering Violent Extremism
and Radicalization That Lead to Terrorism, (Vienna: OSCE, 2020), pp. 40 and 109.
365 For detailed analysis of possible interventions related to VERLT in prisons, see UNODC, Handbook on the
Management of Violent Extremist Prisoners and the Prevention of Radicalization to Violence in Prisons,
op. cit., note 2, Chapters 5, 6 and 8; Council of Europe, “Council of Europe Handbook”, op. cit., note 2,
Chapters 4 and 6.
366 UNODC, Handbook on the Management of Violent Extremist Prisoners and the Prevention of Radicalization
to Violence in Prisons, op. cit., note 2, p. 74.
367 Ibid., p. 74.
76
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents