A/60/399
Rapporteur is therefore of the opinion that the adoption of laws criminalizing in
abstracto certain acts leading to “unethical” conversion should be avoided, in
particular where these laws could apply even in the absence of a complaint by the
converted person.
B.
1.
The freedom of religion or belief of detainees
Situations reported under the mandate
69. Over the past few years, in addition to the alarming reports of persons being
arrested and held in custody because of their religious beliefs, the Special
Rapporteur has received a growing number of reports of alleged violations of the
right to freedom of religion or belief of persons deprived of their liberty.
70. Among the cases that were brought to her attention were complaints about
conditions of detention, in particular not being allowed to have a Bible or to receive
communion (see A/58/296, para. 79), punishment of Muslims for observing the
Ramadan fast, ibid., para. 106) as well as reports of several Muslim women
prisoners complaining of “violations of their right to freedom of worship, having
been punished for praying, having copies of the Koran confiscated and being
forbidden to wear the veil (ibid., para. 107). There were reports of prisoners being
subjected to torture or ill-treatment in an attempt to force them to abandon their
faith (see A/59/366, para. 30) and reports of individuals who because of their beliefs
had been subjected to torture and other inhuman or degrading treatment while
detained and who had not been provided with appropriate and effective remedies
(ibid., para. 19). Finally, the Special Rapporteur was also informed of situations
where clergy were denied access to death row prisoners (ibid., para. 83 (a)).
71. While these forms of violations of the right to freedom of religion or belief
constitute per se a matter of great concern for the Special Rapporteur, this concern
was heightened by further reports that, in certain circumstances, not only were the
prisoners’ rights to freedom of religion or belief violated, but their religious beliefs
were used against them by prison authorities. For example, there have been reports
of interrogation methods designed specifically to injure the religious feelings of
persons in detention.
72. The Special Rapporteur considers that the cases reported disclose violations of
the basic religious rights of prisoners and other persons in detention. In addition,
they disclose acts of impermissible discrimination including torture or other forms
of ill-treatment inflicted on detainees on the basis of their religion and other acts
aimed at injuring the religious feelings of detainees. Such acts were committed by
personnel of detention facilities as well as by other detainees.
2.
Applicable international standards
73. Persons deprived of their liberty have the right to freedom of religion or belief.
Articles 2 and 5 of the Universal Declaration of Human Rights provide,
respectively, that the rights and freedoms contained in the Declaration apply to
everyone without exception and that no one shall be subjected torture or to cruel,
inhuman or degrading treatment or punishment. Article 10, paragraph 1 of ICCPR
further provides that “All persons deprived of their liberty shall be treated with
humanity and with respect for the inherent dignity of the human person.”
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