A/HRC/16/53/Add.1 X. United States of America 1. Communication sent on 22 January 2010 (a) Allegations transmitted to the Government 408. The Special Rapporteur brought to the attention of the Government information regarding Mr. Colin Van Billiard, currently detained in Southport Correctional Facility, Pine City, New York. 409. According to the information received, Mr. Colin Van Billiard requested in 2009 that the facility’s authorities change his religious designation to “Muslim” in the records of the Department of Correctional Services of the State of New York. The authorities, however, denied Mr. Van Billiard’s request, referring to Directive # 4202 on “Religious Programs and Practices” (last revised on 7 October 2009) which states that “changes of religious designation shall not be permitted while a Superintendent’s proceeding is pending and for the duration of an inmate’s confinement to a cell, room or Special Housing Unit, but not to exceed twelve months from the commencement of such confinement”. Mr. Van Billiard complains that without the official change of his religious designation in the Departmental records he could not take part in Ramadan. 410. Subsection “H. CHANGE OF RELIGIOUS DESIGNATION” of the State of New York, Department of Correctional Services, Directive # 4202 provides the following: “After reception/classification, an inmate may request an initial change of his or her religious affiliation, as recorded in Departmental records, by completing a ‘Change of Religious Designation Form’ (Attachment C) and presenting it to the facility Coordinating Chaplain. The Coordinating Chaplain will maintain a log of such requests and will ensure that the affected chaplains are made aware of the change. The facility chaplain of the inmate's former religion, if any, and the facility chaplain of the inmate’s newly designated religion, if any, shall both sign the ‘Change of Religious Designation Form.’ The Coordinating Chaplain will forward the original of the completed form to the facility Inmate Records Coordinator (IRC) for entry into the Department's central computer system, and distribute copies to the inmate’s counselor for placement in the guidance file and to the inmate. It is expected that a change will be accomplished within 30 days. Subsequent changes of religion will be permitted only at twelve-month intervals. Changes of religious designation shall not be permitted while a Superintendent’s proceeding is pending and for the duration of an inmate’s confinement to a cell, room or Special Housing Unit, but not to exceed twelve months from the commencement of such confinement. Change of religion forms are not to be handed out at religious services or classes. In the event a particular religious faith does not recognize the validity of a change of religious designation, then any controversy regarding the status of the inmate's religious affiliation shall be between the inmate and the outside authorities of that particular religious faith.” 411. The Special Rapporteur appealed to the Government to ensure Mr. Van Billiard’s right to freedom of religion or belief in accordance with articles 18 of the International Covenant on Civil and Political Rights and of the Universal Declaration of Human Rights. The latter provides that “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance”. The Special Rapporteur requested the Government to comment on the compliance of Directive # 4202 on “Religious Programs and Practices” with articles 18 of the Universal Declaration of Human Rights and of the International Covenant on Civil and Political Rights. 77