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. 23

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