A/61/340
65. In the report that she submitted jointly with the Chairperson-Rapporteur of the
Working Group on Arbitrary Detention, the Special Rapporteur on the independence
of judges and lawyers, the Special Rapporteur on torture and other cruel, inhuman
or degrading treatment or punishment, and the Special Rapporteur on the right of
everyone to the enjoyment of the highest attainable standard of physical and mental
health on the situation of detainees at Guantánamo Bay, the Special Rapporteur
noted that there were “concerns about reports that the United States Government
has, either implicitly or explicitly, encouraged or tolerated the association between
Islam and terrorism, for example, by interrogating detainees on the extent of their
faith in Islamic teachings” (E/CN.4/2006/120, para. 65).
66. In the conclusions of his last report to the Commission on Human Rights, the
Special Rapporteur’s predecessor highlighted that “[t]he fight against terrorism
sometimes ends up inserting freedom of religion or belief itself into the equation, as
a result of the excesses it has encouraged in certain regions and by the blacklisting
of entire communities and religions which are subjected to systematic suspicion and
are discredited. [He expressed] the hope that, in their fight against terrorism, States
will not mistake their target and, while continuing to combat terrorist acts, they will
refocus their efforts on the origins of terrorism and on the need to ensure protection
and promotion of human rights without bias or selectivity” (E/CN.4/2004/63,
para. 153).
F.
Right to freedom of religion or belief of persons deprived of
their liberty
67. Since her appointment, the Special Rapporteur has paid special attention to the
right to freedom of religion or belief of persons deprived of their liberty, in
particular in the context of her country visits. In her previous report to the General
Assembly, she developed rules and principles to be applied in these situations.
68. In the report on the situation of detainees at Guantánamo Bay, the Special
Rapporteur expressed concerns at reports of possible mishandling of religious
objects, such as the Holy Koran. As a result of their investigations, the Government
indicated in its detailed and comprehensive reply that it had identified five
confirmed cases of mishandling of the Holy Koran by guards and interrogators,
either intentionally or unintentionally, including kicking and stepping on the Holy
Koran.
G.
Religion and the right to freedom of expression
69. The Special Rapporteur has also noted increased attention to the relationship
between religion and human rights, and particularly freedom of expression. In this
regard, she would like to draw attention to the report to be submitted to the Human
Rights Council at its next session by the Special Rapporteur on freedom of religion
or belief and the Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance were finalizing a joint report
(A/HRC/2/3). This report will be submitted pursuant to Council decision 1/107, in
which the Council requested the Special Rapporteur, as well as the Special
Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and
related intolerance and the High Commissioner, to submit a report on the question of
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