Blog: Protecting human rights while preventing violent extremism in prisons

In July 2024, Jacqui Durkin, Chief Inspector, Criminal Justice Inspection Northern Ireland and Louise Falshaw, CEO Independent Monitoring Boards and Lay Observers, represented the UK NPM at a training on “Detention monitoring and the protection of human rights while preventing and countering violent extremism and radicalization to terrorism (VERLT) in prisons”. In this month’s blog, they share their reflections and key takeaways from the training.

Over the summer, we were provided the opportunity to represent the UK NPM at a training programme delivered by the OSCE Office for Democratic Institutions and Human Rights (opens in new tab) for detention monitors on detention monitoring and the protection of human rights while preventing and countering violent extremism and radicalization to terrorism in prisons, in Warsaw, Poland. The UK was also represented by Mark Day, Deputy Director of the Prison Reform Trust.

The group consisted of about 20 attendees representing NPMs from European countries including Poland, Italy, Germany, France, Belgium and the Netherlands. The trainers were clear that they were the experts in violent extremism, but they needed the group to operationalise the information they shared based on our inspection/monitoring knowledge and expertise on human rights safeguards. They worked us hard as a result, with lots of interactive exercises and discussions!

The course started with an investigation of the human rights elements of extremism, with a clear distinction made between radical thoughts and beliefs, even if expressed (which can’t be criminalised) and violent extremist acts (which can be criminalised – the link to violence being the pre-requisite). This was an important distinction which set the baseline for the rest of the training and for the monitoring/ inspection of prisons.

The training also described how measures to prevent violent extremism can often be coercive, rendering them counter-productive, as not all extremism thoughts will lead to violent extremism. The trainers also helped us to understand the difference between attempts at ‘de-radicalisation’, which assumes beliefs are ‘wrong’, and ‘disengagement’, which focuses on changing behaviour, disconnecting beliefs from violent extremism.

We noted that UK examples and report extracts were cited in many of the more positive examples of care and treatment.

It’s impossible to summarise two full days of intensive training in a way which fully reflects the expert contributions from the attendees, but these are some of our key takeaways for monitoring or inspecting prisons:

• The prison environment can be an aggravating factor, including by housing radicalised prisoners together, segregating individuals from others for long periods of time, not offering sufficient meaningful human contact and purposeful activity, having inexperienced and untrained staff, and the negative impact of the custody environment on mental health. Monitors should look out for the impact of these custodial factors and check how staff have been prepared for working with violent extremists and what support they receive on an ongoing basis.  
• Extremist beliefs are routinely considered a risk factor in closed environments. This presents human rights challenges, as these beliefs often define how prisoners are housed and treated e.g. through separation or isolation, very limited contact with family, access to reading materials, consultations with legal representatives. Categorisation should be based on objective evidence, as arbitrary treatment can increase the risk of radicalisation.
• Beware of staff advising you not to speak to a prisoner based on such risk assessments. Ask for evidence, make your own judgements, and be curious but not cavalier.
• Monitors need to understand how to engage with violent extremists in order to inform their monitoring activity, such as understanding and applying cultural norms e.g. attitudes to shaking hands, to women etc. Monitors may choose to use a trusted intermediary. Either way, consider how your approach feels for the recipient and what that might reinforce.
• Monitors need to be prepared to hear and know how to respond to ideological views.
• Check on the application of the Nelson Mandela Rules (opens in new tab) and the focus on the individual rather than the protection of others. If the Rules are not followed this can lead to increased security restrictions.

In summary, look out for the impact on prisoners’ human rights and any transgression of the Nelson Mandela Rules (opens in new tab).

For more information, see Protecting Human Rights in Prisons while Preventing Radicalization Leading to Terrorism or Violence: A Guide for Detention Monitors (opens in new tab), especially the excellent summary sections at the end of each chapter.

If you’re interested in learning more, or would like copies of the resources from this training, please contact us.