A/60/399
99. Persons deprived of their liberty also enjoy the right to freedom of religion
or belief and international standards in this regard must be applied to every
prisoner, regardless of his or her religion or belief, and to all detention
facilities. The Special Rapporteur recommends that that freedom of religion
receive more emphasis in the training of personnel of detention facilities and
other places where people are deprived of their liberty.
Notes
1
In October 1987, the Special Rapporteur made an informal visit to Bulgaria at the initiative of
the Government (see E/CN.4/1988/95).
2
Views of the Human Rights Committee in Kang v. Republic of Korea, adopted on 15 July 2003
(CCPR/C/78/D/878/1999), para. 7.2: “As to the author’s claim that the ‘ideology conversion
system’ violates his rights under articles 18, 19 and 26, the Committee notes the coercive nature
of such a system, preserved in this respect in the succeeding ‘oath of law-abidance system’,
which is applied in discriminatory fashion with a view to [altering] the political opinion of an
inmate by offering inducements of preferential treatment within prison and improved
possibilities of parole. The Committee considers that such a system, which the State party has
failed to justify as being necessary for any of the permissible limiting purposes enumerated in
articles 18 and 19, restricts freedom of expression and of manifestation of belief on the
discriminatory basis of political opinion and thereby violates articles 18, paragraph 1, and 19,
paragraph 1, both in conjunction with article 26.”
3
See Manfred Nowak, UN Covenant on Civil and Political Right:, CCPR Commentary (2nd
revised ed.), 2005, pp. 450-452.
4
Larissis and Others v. Greece, European Court of Human Rights, Reports 1998-I, judgement of
24 February 1998.
5
Kokkinakis v. Greece, European Court of Human Rights, Series A. No. 260-A, judgement of
25 May 1995.
6
Available at: www.ifrc.org/publicat/conduct/code.asp.
7
See Andrew Coyle, International Centre for Prison Studies, “A Human Rights Approach to
Prison Management: Handbook for prison staff”, London, 2002, p. 147. See also at p. 149:
“Equality of treatment involves more than ensuring that there is no discrimination. It also
means taking positive action to make sure that the special needs of minority groups are
met. This can involve providing special diets for some prisoners on either religious or
cultural grounds. Such a provision may not involve any additional cost; it may simply
mean better organisation.
“Minority groups frequently have different religious needs. They should always be able to
observe the tenets of their religion in terms of such matters as personal or communal
prayers, hygiene and clothing requirements.”
8
Office of the United Nations High Commissioner for Human Rights, Human Rights and Prisons:
A Manual on Human Rights Training for Prison Officials (United Nations publication, Sales No.
E.04.XIV.I), Professional Training Series No. 11, 2004, chap. 20 — Religion, p. 122.
9
See, inter alia, article 3 common to the four Geneva Conventions: articles 34 and 35 of the Third
Geneva Convention; articles 76, 86 and 93 of the Fourth Geneva Convention; article 75,
paragraph 1, of Additional Protocol I and articles 4 and 5 of Additional Protocol II.
10
Jean-Marie Henckaerts et al., Customary International Humanitarian Law, Volume I: Rules,
International Committee of the Red Cross (Cambridge: Cambridge University Press, 2005),
page 450.
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