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- Herausgeber: Council of Europe
- Kategorie: Geisteswissenschaft
- Sprache: Englisch
What measures can prison authorities take to detect radicalisation in prison? How should prison staff be selected? How should they be trained to evaluate and manage the risks without abandoning high ethical standards? What role can religious representatives, psychologists, friends and family play?
The appalling images of recent terrorist attacks in Europe and the rest of the world remain in everyone's memory. In the face of such horrendous acts, national governments and international organisations are seeking to identify the root causes of this situation in order to prevent and combat radicalisation, extremism and terrorism.
The profiles and motives of radicalised persons vary considerably, but the first steps towards radicalisation are generally a result of sympathies for radical discourse and of meeting an individual, in person or online, who is already radicalised.
Prisons are one of the places for such contacts. Radicalised prisoners take advantage of the concentrated population in prisons in order to proselytise and develop extremist and terrorist networks.
This publication can help national authorities and professionals answer these questions. It proposes guiding principles, tools and advice based on an approach that emphasises a balance between human rights, security and effective criminal justice.
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Prison : a breeding ground for radicalisation and violent extremism ?
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Contents
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Preface
“We remain determined to make a strong contribution to the fight against violent extremism and radicalisation leading to terrorism, firmly basing our action on the respect for human rights, rule of law and democracy, which constitute the three areas of activity of the Council of Europe. Any successful action against terrorism, violent extremism and radicalisation must closely build upon these values.”
Action Plan : “The fight against violent extremism and radicalisation leading to terrorism” adopted on 19 May 2015 in Brussels at the 125th Session of the Committee of Ministers of the Council of Europe
The startling number of terrorist acts and violent atrocities in Europe and in the rest of the world has prompted national governments and international organisations to identify root causes and take effective measures to counter radicalisation and violent extremism in all forms.
When certain conditions are present, prisons can be a breeding ground for recruitment, radicalisation and violent extremism, turning “ordinary” criminals into adherents of extreme ideologies and terrorism. Though radicalisation and terrorism may be due to a diverse and complex set of factors, it is nevertheless evident that violent extremist and terrorist networks have been incubated in the concentrated prison environment through links that would not have developed outside. When charismatic, radicalised individuals prey on the vulnerabilities of impressionable fellow prisoners, some of them are sent down the tragic path to violent extremism which may culminate in high-profile attacks after release.
Faced with such a scenario, national authorities across the member states have had to ask tough questions about the role of prisons and the penitentiary system in the process of radicalisation leading to violent extremism. Are prisons exacerbating the grievances and frustrations of potential extremists and terrorists ? If they are, then are the relevant authorities in our member states ready and able to deal with this phenomenon ? Do they have the necessary resources and expertise to tackle these problems ? And how can the Council of Europe assist the national authorities in this respect ?
These considerations inspired the Committee of Ministers to adopt, in March 2016, comprehensive “Guidelines for prison and probation services regarding radicalisation and violent extremism”. Setting the legal and operational framework, the guidelines recommend a range of measures which prison and probation staff and managers should work with to prevent individuals from being radicalised.
Repressive measures alone do not seem to provide a sustainable solution and, in some circumstances, unfortunately seem to make the problem worse. Learning from the approach adopted by many prisons across Europe, the guidelines emphasise the concept of “dynamic security” as a working method. Dynamic security also underpins the selection and training of staff in order to detect and evaluate the risks and needs of prisoners, maintain good order, safety and security, and at the same time prepare prisoners for release and social reintegration.
The guidelines reflect the different nature and scale of the problem across our member states : while some countries have minimal numbers of violent extremists and radicalised individuals within their prison systems, others may have many more. Regardless, one of the important messages the guidelines convey to national authorities is that when prisoners feel safe and treated in a just manner, when prison conditions are humane and where the staff abide by high professional ethics in their treatment of prisoners, then conditions for radicalisation are greatly reduced. These human factors lie at the centre of the text, stressing the significant role of frontline prison staff, probation services and support personnel (such as religious representatives, psychologists and others), but also the importance of friends, families and mentors. Harnessing these actors is key to inducing mental and behavioural change in a prisoner (or probationer) and helps ensure the long-term success of any intervention.
Building on the principles and recommendations contained in the guidelines, the “Council of Europe Handbook for prison and probation services regarding radicalisation and violent extremism” has been designed for use by prison and probation staff. Its aim is to offer additional practical advice to the services entrusted with the execution of penal sanctions and measures, and to provide some good examples of methods and tools already used. Covering a range of techniques, procedures and programmes that can be used to detect, prevent and manage complex cases of radicalisation and violent extremism, the handbook’s seven chapters can help these services to establish or improve procedures. This includes risk assessment and intervention programmes, issues related to classification, allocation, regime and treatment, and ways to enhance inter-agency co-operation between prison and probation services, intelligence services and law enforcement.
Taking an approach that emphasises a balance between human rights, security and effective criminal justice, the handbook also discusses various strategies to build capacity in the prison and probation system. As such, while it includes, for instance, specific policy options to improve prison management relating to the detention, allocation and separation of violent extremist offenders, the handbook’s recommendations are in full conformity with the European Convention on Human Rights and other relevant human rights instruments and standards.
Faced with a range of contemporary security threats such as prospective or returning foreign terrorist fighters, I am sure that this publication will assist national authorities and professionals in the design and implementation of tools, methods and practices for countering radicalisation leading to terrorism. Violent extremism does not stop at national borders and the security of both the prison community and the communities in which extremists live are dependent upon effective action to detect and prevent individuals from presenting a threat to one or many nations. We must acknowledge that the ever-changing nature of violent extremism and terrorism requires a flexible, global and long-term strategy in this area, and common efforts from all agencies and authorities working at local, national and international level. Highly aware of the fundamental role prison and probation services have to play in this respect, we sincerely hope the guidelines and the handbook can strengthen the approaches taken to prevent further radicalisation and violent extremism in prisons.
Christos Giakoumopoulos
Director General of Human Rights and Rule of Law
Council of Europe
Part 1 Guidelines for prison and probation services regarding radicalisation and violent extremism1
Adopted by the Committee of Ministers on 2 March 2016, at the 1249th meeting of the Ministers’ Deputies.
I. Terminology used for the purpose of these guidelines1
Radicalisation represents a dynamic process whereby an individual increasingly accepts and supports violent extremism. The reasons behind this process can be ideological, political, religious, social, economic or personal.
Violent extremism consists in promoting, supporting or committing acts which may lead to terrorism and which are aimed at defending an ideology advocating racial, national, ethnic or religious supremacy or opposing core democratic principles and values.
Dynamic security is a concept and a working method by which staff prioritise the creation and maintenance of everyday communication and interaction with prisoners based on professional ethics. It aims at better understanding prisoners and assessing the risks they may pose as well as ensuring safety, security and good order, contributing to rehabilitation and preparation for release. This concept should be understood within a broader notion of security which also comprises structural, organisational and static security (walls, barriers, locks, lighting and equipment used to restrain prisoners when necessary).
II. Scope
The present guidelines recommend measures to be taken by prison and probation services in order to prevent persons under their responsibility from being radicalised to accepting violent extremist views which may lead to terrorist acts, as well as to detect, manage and resettle radicalised persons.
Prisoners, including pre-trial detainees, as well as probationers and conditionally released offenders are the primary subjects of the interventions recommended.
Prison and probation staff are the primary actors to implement these guiding principles. Representatives of other agencies and of religious denominations working with prisoners and probationers, as well as legal counsel, family members and peer groups may also be concerned with these guiding principles.
Radicalisation is a social and political problem that concerns public authorities as a whole. Prisons are just one of the institutions in which radicalisation might occur, but only a comprehensive social and political approach to the root causes of the problem can efficiently address it.
Although prisoners and probationers at risk of being radicalised or of becoming violent extremists represent a small number in the Council of Europe member states, it is nevertheless important to put sufficient resources and efforts into dealing with this problem efficiently given the potential danger it represents for society.
The present Guidelines shall be applied in conformity with the relevant international human rights instruments and standards and in full compliance with the European Convention on Human Rights.
These Guidelines underscore and further develop existing Council of Europe standards. They shall be read together with the rules contained in the relevant Council of Europe recommendations, in particular the European Prison Rules (Recommendation Rec (2006) 22 of the Committee of Ministers), the Council of Europe Probation Rules (Recommendation CM/Rec (2010) 1 of the Committee of Ministers), the European Rules for juvenile offenders subject to sanctions or measures (Recommendation CM/Rec (2008) 11), Recommendation CM/Rec (2012) 12 of the Committee of Ministers concerning foreign prisoners, Recommendation CM/Rec (2014) 3 of the Committee of Ministers concerning dangerous offenders and Recommendation CM/Rec (2014) 4 of the Committee of Ministers on electronic monitoring.
Attention is specifically drawn to some of the most relevant rules and principles contained in the European Prison Rules by listing them in the text of the Guidelines in order to remind the prison and probation services that they should not depart from these when dealing with radicalised persons under their responsibility.
III. Basic principles and general considerations
1. Respect for human rights and fundamental freedoms
Preventing and tackling radicalisation and violent extremism shall always be based on the rule of law and shall comply with international human rights standards because respect for human rights and the rule of law is an essential part of a successful counter-radicalisation effort. Failure to comply with these is one of the factors which may contribute to increased radicalisation.
Torture and inhuman or degrading treatment or punishment is prohibited. Freedom of expression and freedom of religion shall be respected.
2. Respect for data protection and privacy
Any supervision and restriction of contacts, communications and visits to prisoners, due to radicalisation concerns, shall be proportionate to the assessed risk and shall be carried out in full respect of international human rights standards and national law related to persons deprived of their liberty and shall be in accordance with Rule 24 of the European Prison Rules concerning contact by prisoners with the outside world.
Where there is exchange of information related to radicalisation and violent extremism between prison and probation services, and national law enforcement and intelligence agencies, strict and clear procedures shall be agreed and respected in terms of privacy and data protection.
Those working towards the rehabilitation of prisoners should be able to operate with appropriate autonomy and independence from those engaged in intelligence gathering on violent extremists. The success of rehabilitation is indeed premised upon the trust derived from such autonomy.
3. Imprisonment as a measure of last resort
In order to effectively apply the principle according to which prison shall be used as a last resort, a variety of individually tailored sanctions and measures shall be applied where possible in order to keep offenders in the community and to improve their crime-free life prospects. Co-operation with other agencies in this respect could contribute to exchanging good practices regarding general prevention measures related to radicalisation and violent extremism.
Young offenders may be particularly vulnerable to radicalisation. In order to avoid the negative effects of imprisonment, sanctions and measures in the community shall be considered first. Additional efforts and resources shall be allocated for working with these offenders.
4. Good prison management
Good management and good order in prison shall respect diversity, tolerance and human dignity of both prisoners and staff as this helps avoid situations conducive to radicalisation and violent extremism.
While not necessarily sufficient in themselves to trigger radicalisation, violence, racism, Islamophobia and other forms of discrimination generate resentment and provide the ground for radicalising narratives to take root. Inadequate detention conditions and overcrowding can also be factors enhancing the risk of radicalisation in prison. Tackling these issues should therefore be considered as an integral part of the counter-radicalisation effort.
Similarly, radicalisation processes can be accentuated and reinforced when disproportionate measures are deployed by the prison administration. Therefore punitive measures, use of force and means of restraint shall be proportionate to direct and serious threats of disruption of good order, safety and security in a given prison in order to preserve to the extent possible relations of trust and support in helping the reintegration of the offender.
Prison management shall involve consulting staff and, subject to the needs of good order, safety and security, taking into consideration the opinion of prisoners on matters of concern regarding the general conditions of imprisonment.
Prisoners’ feelings of safety and trust in the legitimacy of the actions of staff are likely to induce positive change and facilitate their rehabilitation and resettlement. Every effort shall therefore be made to preserve and build on such relations of trust in order to help offenders start or develop a crime-free life.
As much as possible, prison and probation services shall select and recruit staff with relevant linguistic abilities and cultural sensitivity. Intercultural and multifaith awareness training for staff shall form an integral part of education and training in order to promote understanding of and tolerance to diversity of beliefs and traditions.
Staff shall be selected, supported and trained in order to develop and maintain their professional ethics and resilience to potential pressure leading to radicalisation.
Educational activities are essential in the rehabilitation process of probationers or prisoners that may have adopted violent extremist views. Not only does it provide a structure to the daily routines during imprisonment, but it also provides the opportunity to develop new skills that can facilitate resettlement.
Tackling the issue of radicalisation in prison requires not only that good prison management is related to high professional ethics and attitudes, but also requires adequate resources. This can mean that additional funds might be needed for recruitment and training.
IV. Prison and probation work
1. Assessment
Risk and needs assessment should be carried out by multi-disciplinary teams. When initial and subsequent risk and needs assessment of offenders is carried out, special attention shall be paid to identify offenders vulnerable to radicalisation. In conformity with the existing national procedures regarding risk assessment, offenders’ views should be recorded in relation to this and offenders should be given the opportunity to challenge such assessments.
In order to establish individual treatment programmes aimed at successful rehabilitation of prisoners and probationers, assessment tools specifically tailored to identify risks of radicalisation shall be developed and used from the outset of the implementation of a penal sanction or measure and repeated at regular intervals as necessary when there is a concern that the prisoner might be undergoing a process of radicalisation.
2. Admission to prison and allocation
Special attention shall be paid to admission procedures of all prisoners as the proper conduct of such procedures allows feelings of trust and safety to be established in prisoners, enabling proper assessment of their health condition at entry, and contributing to good risk and needs assessment, sentence planning, classification, allocation and accommodation.
Regardless of whether prisoners sentenced for terrorist-related crimes are kept in separate prisons or wings or are dispersed across the prison system, the risk they may pose, including the risk of radicalising other prisoners, shall be evaluated individually before their allocation is defined and shall be reviewed at regular intervals.
3. High-security prisons or high-securitysections in prison and prison transfers
The need to keep prisoners sentenced for terrorist-related crimes in high-security prisons or under high levels of security in ordinary prisons shall also be evaluated individually and such decisions shall be reviewed at regular intervals. Rule 53 of the European Prison Rules, regulating the use of special high-security or safety measures, shall apply in such cases. Furthermore, as stated in Rule 70 of the European Prison Rules, any prisoner subjected to such measures shall have a right of complaint and appeal to an independent authority.
The regular transfers of prisoners sentenced for terrorist-related crimes may have a negative impact on the reintegration prospects of such prisoners. The need for such transfers shall therefore be carefully evaluated on an individual basis against the risk posed by such prisoners.
4. Culture and religion
In accordance with Rule 29 of the European Prison Rules, cultural and religious traditions shall be taken into account regarding nutrition and as far as practicable regarding clothing, opportunities for worship and religious holidays. Where possible, prisoners shall be allowed to take their meals at times that meet their religious requirements.
Prison services shall be encouraged to establish agreements with religious denominations in order to allow a number of approved religious representatives proportionate to the number of prisoners of the same faith in a given prison to enter the institution. Religious representatives should be properly trained on how to exercise their functions in a prison environment.
In order to induce positive personal change in prisoners, preferences shall be given to religious representatives who are attuned to the cultural norms and values and conversant in the languages spoken by the prisoners. Sufficient time, adequate space and resources shall be provided to enable approved religious representatives to meet prisoners in private and to hold collective services.
5. Inter-agency co-operation
Prison and probation services shall co-operate with each other as well as with other law enforcement agencies at local, national and international level, as dealing with radicalisation and violent extremism leading to terrorist acts requires a comprehensive approach based on professional standards.
Prison and probation services shall co-operate with other public and private agencies and wider civil society in order to provide aftercare and to contribute to the resettlement and reintegration of offenders.
It is in the interest of the prison and probation services to collect knowledge and best practices and share these internationally.
V. Detection, prevention and dealing with radicalisation and violent extremism in prison
1. Use of dynamic security
Frontline staff shall be trained to act in line with principles of dynamic security in order to maintain safety, security and good order in prison and to contribute to the prisoner’s rehabilitation. They should be trained in particular to use intercultural mediation and different techniques of intervention in case of crisis management.
2. Procedures for detection
Frontline staff shall be trained and supported in order to be able to distinguish between religious practices and the adoption of violent extremist behaviour. They shall be empowered to react swiftly and proportionately in case of real and imminent risks posed to the life, health or personal integrity of prisoners or staff. In particular, staff shall be given tools to report concerns regarding signs of radicalisation to violent extremism and appropriate procedures shall be applied to assess such risks promptly and professionally.
Where specific tools and methods for identifying radicalised prisoners are developed and used by prison and probation services in order to help their frontline staff, these shall be based on professional and ethical standards and shall be reviewed and updated on a regular basis.
When developing indicators of radicalisation, staff shall be warned that such indicators are not to be considered in isolation, but in the context of personal features and specific circumstances of a given case in order to avoid arbitrary conclusions.
Adequately trained members of prison or probation staff may be appointed as necessary where radicalisation is an issue of concern in a given prison or probation area, in order to ensure that staff know where they can readily obtain advice on radicalisation issues and prisoners or probationers know how to report concerns about radicalisation.
3. Special programmes
Special programmes, including the use of mentors, shall be developed for and offered to prisoners and probationers, where appropriate, and in particular for those who are considered susceptible to radicalisation, in order to help them find life options free from crime and violent extremism. Specially trained staff shall be involved in carrying out or supervising such programmes.
Former violent extremists who have renounced violence may serve as legitimate actors for the rehabilitation of probationers or prisoners.
Involvement of religious representatives, volunteers, peers and family members can also be considered on a case-by-case basis as they may be very beneficial for efficient reintegration of offenders.
VI. Post-release work
In order to aim at successful reintegration, prison and probation services shall not work in isolation, but communicate and establish links with community organisations in order to ensure the continuation of special programmes developed during imprisonment or probation after release, or after probation supervision ends, where appropriate.
Similarly, former prisoners shall be assisted in contacting different support structures in the community. On a case-by-case basis, the involvement of families and social networks shall be considered, as these may affect positively the resettlement process.
Electronic monitoring schemes and other control measures shall be combined with other professional interventions and supportive measures aimed at the social reintegration of radicalised offenders.
VII. Research, evaluation and communication
Sufficient resources shall be allocated to carry out scientific research and evaluation of existing programmes tackling radicalisation. Any such programme shall be knowledge-based and shall be reviewed regularly.
In order to ensure public reassurance and understanding, regular work with the media shall be carried out.
For the purpose of these Guidelines the use of “shall” continues CDPC drafting practice in the penitentiary field. This practice was established with the adoption of the European Prison Rules in 2006 (Committee of Ministers Recommendation Rec (2006) 2, available at https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016805d8d25). See also https://book.coe.int/eur/en/penal-law-and-criminology/3566-european-prison-rules.html. The use of “shall” is not to be interpreted in any way as denoting existing obligations under international law or otherwise as implying an imperative or mandatory rule for member states.
Recommendations of the Committee of Ministers are available at www.coe.int/en/web/cm/documents.
Part 2 Council of Europe Handbook for prison and probation services regarding radicalisation and violent extremism1
Document CM(2017) 21-add of 17 February 2017, examination by the Committee of Ministers on 22 March 2017 at the 1282nd meeting of the Ministers’Deputies.
Background
Concern has been expressed over the fact that prisons may be used as a breeding ground for radicalised violent extremists and that radicalised offenders scheduled for release from prison or those on probation are not being appropriately rehabilitated. Apprehension increased following a number of terrorist acts committed in Europe in 2015 and in 2016 as a number of the major perpetrators had passed through the criminal justice system.
The need for clarity regarding the role that prison and probation services can and should play in preventing and dealing with radicalisation leading to violent extremism has led to the adoption by the Committee of Ministers of the Council of Europe of the “Guidelines for prison and probation services regarding radicalisation and violent extremism”.1 This work is part of the actions taken by the Council of Europe member states as agreed at the 125th Session of the Committee of Ministers (Brussels, 19 May 2015).2
The guidelines are intended to provide a general legal and ethical framework for devising appropriate policies and responses which conform to the Council of Europe standards and principles related to the rule of law and protection of human rights. They uphold the importance of investing in good prison and probation management and the need to train staff to high professional and ethical standards in order to effectively counter radicalisation leading to violent extremism. They also emphasise that prison and probation work should be seen as part of a comprehensive multi-agency strategy to combat violent extremism.
In addition, it was decided that a handbook for the prison and probation services of the Council of Europe member states would be compiled to build upon and further develop the set of standards and principles contained in the guidelines. The objective of the handbook, which is to be used and read together with the guidelines and in accordance with national law and international human rights standards, is to provide practical advice to prison and probation services, identify a list of indicators of radicalisation, provide examples of possible tools and methods to prevent and deal with radicalisation leading to violent extremism, and identify some recommended practices in this respect.
The handbook is intended to be consistent with Council of Europe values and standards, in particular the European Prison Rules and the Council of Europe Probation Rules, and it should be used in conjunction with these texts. National authorities should be aware that juveniles need special attention and different methods of intervention from adults. This takes into account their developing personality and specific needs. The present handbook should be adapted accordingly when applied to juveniles and follow the European rules for juvenile offenders subject to sanctions or measures.
The United Nations Office on Drugs and Crime (UNODC),3 and the EU-funded Radicalisation Awareness Network (RAN) are also working actively in this area. Representatives of the RAN and other experts have joined efforts to work on the present handbook in order to communicate the international knowledge and expertise available. The present handbook is a result of these joint efforts which aim at assisting national authorities and society in general to more effectively deal with radicalisation leading to violent extremism.
The work was carried out by the Council for Penological Co-operation (PC-CP) between January 2015 and October 2016. Members of the PC-CP Working Group at that time were (in alphabetical order) : Nathalie Boissou (France) ; Annie Devos (Belgium) ; Vivian Geiran, PC-CP Chair (Ireland) ; Antanas Jatkevičius (Lithuania) ; Jörg Jesse, PC-CPVice-Chair (Germany) ; Attila Juhász (Hungary) ; Nikolaos Koulouris (Greece) ; Dominik Lehner (Switzerland) ; and Nadya Radkovska (Bulgaria). The draft text was prepared by the three external scientific experts : Christopher Dean (UK) ; Merel Molenkamp (the Netherlands) ; and Elaine Pressman (the Netherlands/ Canada).
Adopted by the Committee of Ministers on 2 March 2016, at the 1249th meeting of the Ministers’ Deputies), see previous part.
Document CM(2015) 74, Action Plan : “The fight against violent extremism and radicalisation leading to terrorism”, see part IV.
“Handbook on the Management of Violent Extremist Prisoners and the Prevention of Radicalization to Violence in Prisons”, UNODC, February 2017, available at www.unodc.org/pdf/criminal_justice/Handbook_on_VEPs.pdf, accessed 20 March 2018.
I. Scope and main issues
1. Scope
The purpose of this handbook is to provide specific directions and suggested recommendations to achieve good practices in the risk assessment, management and reintegration of radicalised offenders. The present document provides practical information consistent with the importance of tailored risk assessments and interventions, and the use of good prison and probation management principles pertaining to violent extremist offenders. The long-term strategy of both prison and probation services should be to stop violent extremist offenders reoffending, to prevent radicalisation in prison and probation settings, and to establish a long-term preventive strategy within the criminal justice system.
The handbook is addressed to managers and prison and probation staff. In particular, frontline prison and probation staff should find the key points and information provided in this handbook to be of use in their professional interactions with the special population under their responsibility. It should also be relevant to those working with offenders who may be radicalised in prison. Professionals may include psychologists, probation officers, social workers and other specialists and partner organisations. This handbook is a first step in developing practice and working methods that can be recommended both nationally in the member states of the Council of Europe and internationally. It should be seen as a living document which should be reviewed over time (ideally annually) in order to incorporate new developments in the collective knowledge and expertise in this relatively new area.
