A/HRC/13/40/Add.4
48.
In this regard, the Special Rapporteur would like to refer to article 2 of the
International Covenant on Civil and Political Rights which requires each State party to
respect and to ensure to all individuals within its territory and subject to its jurisdiction the
rights recognized in the Covenant without distinction of any kind, including religion.
Article 12 of the Covenant guarantees everyone lawfully within the territory of a State party
the right to liberty of movement and freedom to choose his residence within that territory.
In addition, everyone is free to leave any country, including his or her own. While these
rights may be subject to restrictions which are provided by law and are necessary to protect,
for example, national security, such restrictions must also be consistent with the other rights
recognized in the Covenant.
49.
Consequently, the right to freedom of religion or belief and the prohibition of
discrimination may be decisive in the evaluation of whether a restriction on the liberty of
movement is permissible or not. The Special Rapporteur would like to emphasize that it is
contrary to international human rights standards to place unreasonable restrictions on the
movements of religious leaders and individual believers in the exercise of their freedom of
religion or belief.
E.
Freedom of religion or belief of persons deprived of their liberty
50.
During the past 12 years, the Special Rapporteur has received allegations that
members of religious minorities were arrested and detained in the context of their religious
activities.16 Reportedly, they were convicted for creating divisions, for alleged proselytizing
activities without official authorization, for having converted to Christianity or for refusing
to renounce their faith. The Special Rapporteur is concerned about the alleged
discriminatory implementation of domestic laws, the denial of due process and the bias by
law enforcement organs against religious minorities. In addition, there were reports that
Christian detainees had been shackled in wooden stocks, denied food and consigned to
solitary confinement when prison guards saw any religious activities.
51.
As indicated above (see paragraph 3), during the Special Rapporteur’s visit to
Samkhe prison on 25 November 2009, the prison authorities unfortunately refused to allow
her to speak in private and freely with the detainees. One of the reasons for the Special
Rapporteur’s practice of visiting prisons during her country missions is to examine whether
all detainees are given full opportunity to worship, if they so wish, and to ensure that their
religious needs are respected. The terms of reference for fact-finding missions by Special
Rapporteurs and Special Representatives explicitly provide mandate holders with full
freedom of inquiry, including confidential and unsupervised contact with persons deprived
of their liberty (E/CN.4/1998/45, appendix V).
52.
The religious rights of persons deprived of their liberty must be fully respected and
protected.17 The Special Rapporteur would like to emphasize that persons deprived of their
liberty often require spiritual support and find themselves in a particularly vulnerable
situation. There is a real risk that the circumstances of detention, as well as specific policies
by prison authorities, may result in undue restrictions of the opportunity of detainees to
practise their religion or belief in private or in public. The Human Rights Committee in its
16
17
16
See summaries of the Special Rapporteur’s allegation letters and the replies of the Government in
E/CN.4/1997/91, paras. 24 and 34; E/CN.4/1999/58, paras. 86–88; E/CN.4/2000/65, para. 88;
E/CN.4/2002/73, para. 103; A/57/274, para. 60; A/58/296, para. 86; E/CN.4/2004/63, paras. 80–81;
A/59/366, paras. 51–52; and A/HRC/10/8/Add.1, paras. 129–134.
See A/60/399, paras. 69–91.
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