A/60/399
persons and other types of detainees. This includes the freedom to practise one’s
religion, the access to clergy, and the prohibition of discrimination on the basis of
religion.9
84. The Special Rapporteur also notes that “[S]tate practice establishes this rule as
a norm of customary international law applicable in both international and noninternational armed conflicts.”10
3.
Training of personnel of detention facilities and complaint mechanisms
85. A person in custody finds him or herself in a situation of enhanced
vulnerability and can therefore be an easy target for persecution. Prison authorities
are given total control over the most basic activities of the inmates, from the time
they will sleep to what they will eat, and how they will be able to exercise their right
to freedom of religion or belief.
86. The Special Rapporteur regrets that, in certain countries, the question of
freedom of religion or belief is either neglected or simply not addressed during the
training of persons in charge of prisoners. Therefore, she would like to emphasize
that it is crucial need to provide the personnel of detention facilities with adequate
training, raising awareness and enhancing their sensitivity about their duty to
promote and respect international human rights standards for the treatment of
prisoners, in particular the right to freedom of religion.
87. Moreover, because of the coercive nature of these institutions, States should
ensure that detention facilities are the object of intense public scrutiny in order to
prevent any potential abuse and put in place effective complaints mechanisms.11
Anyone whose rights and freedoms, including the freedom of religion or belief,
have been violated has the right to an effective remedy, determined by a competent
court. Every prisoner shall have the right to make a complaint regarding his or her
treatment and to have it dealt with promptly and, if requested, confidentially. If
necessary, the complaint may be lodged on behalf of the prisoner by his or her legal
representative or family.12
4.
Conclusions
88. The Special Rapporteur reiterates that, as a principle, no one should be
imprisoned because of his or her religious beliefs or the exercise of his or her right
to freedom of religion or belief. Moreover, a person’s deprivation of liberty may not
include deprivation of his or her right to freedom or religion or belief. These
standards must be applied to every prisoner regardless of his or her religion or belief
and to all detention facilities.
89. The Special Rapporteur also recommends that the principles pertaining to the
right to freedom of religion or belief be brought to the attention of the relevant
authorities and that issue be heavily stressed during the training of the officers
involved. In this regard, the Special Rapporteur recommends that particular
attention be given to the publication Human Rights and Prisons: A Manual on
Human Rights Training for Prison Officials as well as its three addenda, prepared by
the Office of the High Commissioner for Human Rights.13
90. 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.
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