A/65/207 Special Rapporteur would like to reiterate that the freedom to have or to adopt a religion or belief necessarily entails the freedom to choose a religion or belief, including the right to replace one’s current religion or belief with another or to adopt atheistic views. 8 Article 18 of the International Covenant on Civil and Political Rights protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. B. Deprivation of the right to life, liberty or security of person because of religion or belief and cases of torture and arbitrary arrest or detention 11. As evidenced in the Special Rapporteur’s reports on cases transmitted to Governments and replies received, 9 many individuals have been deprived of their right to life, liberty or security of person because of religion or belief and have been subjected to arbitrary arrest or detention and torture on that account. Those human rights violations seem to particularly affect members of religious minorities. Their vulnerable situation is aggravated when Governments target religious minorities by registering names and harassing those individuals. States are not only obliged to protect their own citizens; they also must ensure that no one within their jurisdiction suffers from human rights abuses and must bring to justice all perpetrators of violations of these rights. 12. Interreligious or intrareligious tensions, if not adequately addressed, may lead to large-scale communal violence. Such tensions have unfortunately caused the death of numerous individuals. While noting that the reasons for such violence may be manifold and complex, the Special Rapporteur has also observed that the violence often unfolds along religious lines and that the instigators of this violence find that they can gain more support if they put their arguments in religious terms. The Special Rapporteur would like to reiterate that States are obliged to investigate any violence that occurred, including the identification and prosecution of alleged perpetrators, and allow victims to file claims for the damage they have suffered. States must also ensure the protection and security of members of religious communities which may be targeted and which should be entitled to practise their religions freely and without any obstacles, including those placed by non-State actors. 13. Religious convictions are occasionally put forward to justify certain harmful practices and in some States these are incorporated in domestic legislation. For example, in a mission report the Special Rapporteur analysed certain forms of punishment contained in sharia penal codes. She came to the conclusion that the punishments of stoning or amputation constitute at least cruel, inhuman and degrading treatment that is prohibited in absolute terms by various international conventions. 10 __________________ 8 9 10 6 See paragraph 5 of Human Rights Committee general comment No. 22 (1993), Official Records of the General Assembly, Forty-eighth Session, Supplement No. 40 (A/48/40), vol. I, annex VI. A/HRC/13/40/Add.1, A/HRC/10/8/Add.1, A/HRC/7/10/Add.1, A/HRC/4/21/Add.1, E/CN.4/2006/5/Add.1 and E/CN.4/2005/61/Add.1. See report on the Special Rapporteur’s mission to Nigeria (E/CN.4/2006/5/Add.2, paras. 68 and 100) and her follow-up table (www2.ohchr.org/english/issues/religion/docs/followup/FUNigeria.pdf). 10-47047

Select target paragraph3