A/80/205
persecution. Detention in poorly equipped immigration detention centres often proves
unsanitary, sometimes resulting in death. 51 Migrants in detention have reportedly
been forced to carry out religious practices that were not their own and faced
increased risk on account of their religion or belief 52 or other identity. 53 Converts,
especially, face challenges in exercising their religions due to social and
administrative factors. 54
33. Immigration detention centres often also ignore the religious dietary
requirements of detainees, for example with respect to halal food and mealtimes in
the light of religious fasting periods. In Mexico, however, under the Migration Act
and associated policies, migration centres – set up to provide temporary
accommodation for foreigners who cannot prove their migration status – can offer
special diets to individuals who request them for religious purposes. In addition,
religious associations that enter such spaces must offer their services for fre e.
Implementation is lagging, however; in the north of the country, 76 per cent of the
migrants participating in a survey noted that no meals based on religious preferences
had been prepared. 55
34. Facilities for prayers and access to religious texts are also often denied. 56
Regular access to religious personnel (clergy) or religious services and visits to places
of worship outside detention centres are also denied, even where laws prohibit
interference with the religion or belief, or caste, of prisoners and permit detainees to
fast, observe religious holidays and maintain “approved” religious books in prison
libraries. 57 Places of worship, in addition to their religious or spiritual function, can
serve as important spaces for intercultural and interfaith dialogue, along with practical
support for migrants, asylum-seekers and refugees. 58
35. Further examples of such rights violations have been captured in regional human
rights jurisprudence. In A.P. v. Hungary, numerous violations were found in which an
Iranian Christian convert was subjected to indefinite detention in a transit zone under
“jail-like” conditions, with limited access to food and deprivation of contact with the
outside world. 59
D.
Expulsions, credibility assessments and the non-refoulement obligation
36. Asylum-seekers fleeing human rights violations that are based on their religion
or belief are required to make a credible case that it is unsafe for them to return, and,
in general, to substantiate the individual risk that they would face in that regard. 60 In
the most serious cases, the host State’s non-refoulement obligation is engaged.
__________________
51
52
53
54
55
56
57
58
59
60
10/23
See communication THA 2/2024.
See www.ohchr.org/sites/default/files/documents/issues/religion/cfis/cfi -ga80/subm-freedomreligion-belief-cso-21-libya-crimes-watch.pdf.
See communication THA 2/2024.
Confidential submission.
Migration Act of Mexico (2011), art. 107.II. See also www.ohchr.org/sites/default/files/
documents/issues/religion/cfis/cfi-ga80/subm-freedom-religion-belief-nhri-5-comisionderechos-humanos-cui-exico.pdf.
See communications OTH 61/2018, OTH 60/2018 and USA 18/2018.
Jail Code of Bangladesh, paras. 689, 691 and 698. See also www.mip.gov.cy/mip/asylum/
asylumservice.nsf/All/5BCEA8131FE27233C2258ADA002E8CBA?OpenDocument .
According to consultation participants.
See www.refworld.org/jurisprudence/caselaw/echr/2024/en/149119.
See https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-165442%22]}, paras. 91–98, 103
and 123. See also Thiago Alves Pinto, “Offence to religious belief and international law”, PhD
thesis, University of Oxford, 2020.
25-11829