A/HRC/6/5 page 14 duty to promote and respect international human rights standards for the treatment of prisoners, in particular the right to freedom of religion. Finally, the religious beliefs of a detainee should under no circumstances be used by the authorities against the detainee in order, for instance, to extract information from him or her. 3. Refugees 30. Refugees, internally displaced persons and asylum-seekers also face problems worldwide both on legal and factual levels, for example on their domestic or international refugee routes or when applying for asylum on religious grounds. Decision makers have been criticized for not always taking a consistent approach, especially when applying the term “religion” contained in the refugee definition of the 1951 Convention relating to the Status of Refugees and when determining what constitutes “persecution” in this context.3 Furthermore, detailed knowledge of the applicant’s religion does not necessarily correlate to the risk of persecution since individuals may get persecuted also for imputed beliefs. The Special Rapporteur would like to emphasize that religion based refugee claimants - in line with the standards as to the other Convention grounds - should not be required to hide their religion or to practise in secret in order to avoid persecution. 31. Moreover, the principle of non-refoulement according to article 33 of the 1951 Geneva Convention may be connected to freedom of religion or belief, since no Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his religion. Persecution can also be linked to conscientious objection to military service when the punishment for desertion or draft evasion is disproportionate for a Convention reason or when the refusal to serve is based on genuine political, religious, or moral convictions, or valid reasons of conscience. The assessment of the asylum application may be particularly complicated concerning refugees sur place, i.e. persons who were not refugees at the time of leaving their country, but who become a refugee at a later date. Suspicions regarding the sincerity of asylum claims arise particularly when the asylum-seeker becomes a refugee sur place as a result of his own actions, e.g. by converting after his arrival in the country of asylum to a religion which would make him prone to persecution in his home country if he were to be returned. However, such conversion post departure should not give rise to a presumption that the claim is fabricated and the immigration authorities should evaluate the genuineness of the conversion on a case-by-case basis taking into account the applicant’s past and present circumstances. 4. Children 32. The first report of the mandate holder d’Almeida Ribeiro already concluded that “children of believers are subject to discrimination of various kinds, such as ill-treatment and humiliation at school, expulsion from school or a ban on embarking on higher education, pressure to deny 3 See UNHCR, Religion-Based Refugee Claims under article 1A (2) of the 1951 Convention and/or the 1967 Protocol relating to the Status of Refugees (HCR/GIP/04/06).

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