A/HRC/4/21/Add.1
page 74
317. On 25 July 2003, a contract interrogator apologized to a detainee for stepping on the
detainee's Koran in an earlier interrogation. The memorandum of the 25 July 2003 interrogation
shows that the detainee had reported to other detainees that his Koran had been stepped on. The
detainee accepted the apology and agreed to inform other detainees of the apology and ask them
to cease the disruptive behaviour caused by the incident. The interrogator was later terminated for
a pattern of unacceptable behaviour.
318. As part of the investigation, General Hood has determined that the current guidance to the
Guard force for handling the Koran is adequate although a number of recommendations for minor
modifications are under review. The Government feels it is important to note the number of
Korans (some 1600) which have been distributed among detainees to facilitate their desire to
freely worship and the small number of very regrettable incidents should be seen in light of the
volume of efforts to facilitate free religious practice.
Observations
319.
The Special Rapporteur is grateful to the Government for its detailed response.
Communication sent on 3 April 2006 jointly with the Special Rapporteur on the situation of
human rights and fundamental freedoms of indigenous people
320. The Special Rapporteurs raised concerns regarding information they had received
regarding the case of John H. Hartley, who maintains to be a Native American from the
Cherokee Nation. Mr. Hartley is currently in detention at the Coxsackie Correctional Facility
(NY) where he is reportedly unable to practice his traditional religious beliefs due to lack of
recognition of the correctional authorities of his affiliation to the Cherokee Nation. According to
the information received his mother is Native American and he has been practicing his traditional
religion since he was a child. His mother has signed a “Verification Affidavit” that describes her
son as Native American.
Observations
321. The Special Rapporteur is concerned that she has not received a reply from the
Government concerning the above mentioned allegation. She would like to make reference to her
predecessor’s conclusions after his country visit to the United States of America in 1998:
“Concerning the religious rights of Native American prisoners, apart from the recommendation
made in the section on legal issues, the Special Rapporteur recommends that the positive and
practical action taken in many federal prisons (fully compatible with security requirements, e.g.
ending the practice of cutting their hair) should become general throughout the United States
prison system and that steps should be taken to ensure, particularly through training, and perhaps
through penalties for prison officers and governors, that these rights are not treated as privileges
that can be granted or refused at the whim of an authority or official.” (E/CN.4/1999/58/Add.1,
para. 84).
Communication sent on 23 May 2006
322. The Special Rapporteur received information concerning Saifullah A. Paracha, aged 58,
a Pakistani national who has been detained at Guantánamo Bay since September 2004. According