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However, Mr. Moody had expressed a desire to wear the kufi everywhere at all time, which is
not allowed under the Rules. The WNMCF did not find any misconduct reports for him wearing
his kufi; however, one deputy warden stated he had repeatedly asked Mr. Moody to remove it
when he was not allowed to and he did. For this reason, in the view of the WNMCF, it had not
been an issue.
201. With regard to the announcement of the Jumah prayer services over facility loudspeakers,
the WNMCF responded that the deputy warden had kept the weekly sign-in logs for the Islamic
services dating back to 25 July 2008. These showed that the services had taken place and that
Mr. Moody had attended all of them. The deputy warden also noted that while the services may
not always have been announced over the intercom system, the prison officers went into the unit
to announce them.
202. Mr. Moody filed complaints with the NMCD, which were denied. According to the
NMCD, Mr. Moody continues to challenge Rules and Regulations and NMCD policies.
Observations
203. The Special Rapporteur is grateful for the Government’s response, which also included a
copy of the NMCD policies on religious programs. In particular, she would like to refer to the
policy CD-101300 (C) which stipulates that “an inmate’s religious requests, including those
considered being fundamental and essential, may be denied for reasons of security or for other
substantiated reasons. If a request is denied, alternatives to accommodate the religious practice
must be explored which might allow the inmate to practice by the means appropriate to their
custody level”. In addition, she would like to refer to general comment No. 22 of the Human
Rights Committee, which states “persons already subject to certain legitimate constraints, such
as prisoners, continue to enjoy their rights to manifest their religion or belief to the fullest extent
compatible with the specific nature of the constraint”. The Special Rapporteur would like to
emphasize that persons deprived of their liberty are in a particularly vulnerable situation, also
with regard to freedom of religion or belief. It is crucial 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 or belief.
Uzbekistan
Urgent appeal sent on 12 February 2008 jointly with the Special Rapporteur on the
question of torture and other cruel, inhuman or degrading treatment or punishment
204. The Special Rapporteurs brought to the attention of the Government information they
had received regarding Mr. Abdugani Tursinov Kamaliev, aged 50, Uzbek national of
Muslim faith, currently detained in the investigative prison (SIZO) of Namangansk.
Mr. Tursinov Kamaliev, during his detention by Uzbek authorities, had reportedly been
suspended by his feet, beaten with steel rods/steel fittings and had his teeth filed to obtain a
confession. Mr. Tursinov Kamaliev had been deported from Tumen in Russia to Tashkent on
5 December 2007. Mr. Tursinov Kamaliev was charged with several crimes in Uzbekistan
(articles 156, 159, 242-2 of the Uzbek Criminal Code), which he was alleged to have
“committed … together with the adherents of religious extremist organisation ‘Wahhabi’,