A/60/399
deprived of liberty, that “Treating all persons deprived of their liberty with humanity
and with respect for their dignity is a fundamental and universally applicable rule.…
This rule must be applied without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social origin, property,
birth or other status” (para. 4).
(b)
Religious rights of persons in detention
80. Because the opportunity to practise one’s religion, either in private or in
public, might easily be restricted by the fact of detention, the Standard Minimum
Rules for the Treatment of Prisoners make specific reference to the need for prison
authorities to allow prisoners to observe their religion and to have access to a
minister of that religion.
81.
According to rule 41:
“(1) If the institution contains a sufficient number of prisoners of the same
religion, a qualified representative of that religion shall be appointed or
approved. If the number of prisoners justifies it and conditions permit, the
arrangement should be on a full-time basis.
“(2) A qualified representative appointed or approved under paragraph (1)
shall be allowed to hold regular services and to pay pastoral visits in private to
prisoners of his religion at proper times.
“(3) Access to a qualified representative of any religion shall not be refused to
any prisoner. On the other hand, if any prisoner should object to a visit of any
religious representative, his attitude shall be fully respected.” In addition, rule
42 provides “So far as practicable, every prisoner shall be allowed to satisfy
the needs of his religious life by attending the services provided in the
institution and having in his possession the books of religious observance and
instruction of his denomination”.
82. In this regard, one has to take into account that “[t]he status of religious
representatives within prison systems can vary from country to country. In some
jurisdictions, such representatives may not be allowed any access to prisons. In
other jurisdictions, the religious representative or chaplain is second in authority
only to the director within the prison.” The Special Rapporteur would also like to
emphasize that “[t]he international instruments make it clear that all prisoners are
entitled to have access to a qualified religious representative.” Moreover, “[i]n some
systems, only representatives of the main religion in the country are allowed access
to prisons. Prisoners of minority religions are not allowed to observe the
requirements of their faith.” However, “[t]his is in breach of the international
instruments. Prisoners should not be obliged to consult a minister of religion if they
do not wish to do so.”8
(c)
Religious rights and persons deprived of their liberty in the context of an armed
conflict
83. The Geneva Convention relative to the Treatment of Prisoners of War and the
Geneva Convention relative to the Protection of Civilian Persons in Time of War, as
well as Additional Protocols I and II to the Geneva Conventions provide for an
obligation to respect the religion and religious practices of persons deprived of their
liberty in the context of an armed conflict, including prisoners of war, interned
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