Presentation of Prison Ministry of the Ukrainian Greek Catholic Church (UGCC).

Updated information

After the fall of the Soviet Union, the independent Ukrainian country underwent tremendous stress when it shifted from a centrally planned economy to certain kind of a free market system. Those changes, being led by the post-communist oligarchy, caused increasing number of needy and homeless people in Ukraine. In the massive transformation process of the 1990s, corruption among state officials featured the civil life and court system of Ukraine. The crime rate and the prison population has steadily grown ever higher. Since 2001 situation started to change. It was the year of the pontifical visit of Blessed Pope John Paul II to Ukraine. The tendency to diminishing the number of convicts has gained a permanent character. Since then, it was reduced by almost one third. But now the alarming fact is that there are cases of politically motivated criminal persecutions and selective justice.

There are 182 penal institutions in Ukraine (32 pre-trial detention centres, 141 penal institutions, 8 corrective penal colonies for minors). Prison population reported for September 1, 2012 had number 151,122 people. It makes up a significant share of Ukrainian society: 334 prisoners per 100,000 people as Prison Brief for Ukraine of the International Centre for Prison Studies has informed. Approximately one-fourth are remanded prisoners. Huge number of the citizenry has had prison past at one time or another. Contemporary justice system of Ukraine remains quite punitive.

Prison pastoral care was at the very heart of the spirituality of the Ukrainian Greek-Catholic Church throughout her history. Prison Pastoral of the Ukrainian Greek Catholic Church, though it is still very young, is taking successive steps to integrity. It was restored in 1990 after the Church, formerly forbidden, emerged from the underground. Pastoral care has grown steadily from several establishments in the Western Part of Ukraine to more than 40 penal institutions in every region of the country. Since 2001 the UGCC is the co-founder of the Ukrainian Interdenominational Christian Mission "Spiritual and Charitable Care in Prisons" including twelve churches and denominations. This Mission is a part of the World Association of Prison Ministry.

The Patriarchal Curia of the Ukrainian Greek-Catholic Church is an organ of the head of the UGCC, Major Archbishop of Kyiv and Halych, which coordinates and promotes the common activity of the UGCC in Ukraine to make influence on society in different spheres: education, policy, culture, etc. The Curia develops action of the Church's structures, enables relations and cooperation with other Churches and major public institutions in religious and social areas for implementation of the Social Doctrine of the Catholic Church through everyday life. Auxiliary bishop Bohdan Dzyurach is the head of the Patriarchal administration. In the year 2006 His Beatitude Lubomyr established in the Patriarchal Curia of the UGCC the Department for Pastoral Care in the Armed Forces and in the Penitentiary System of Ukraine. This structure implements a general management of Prison Ministry. The chief of the Department is Most Rev. Michael Koltun, Bishop of Sokal. The head of the Office for Penitentiary Pastoral care is Rev. Constantin Panteley, who is responsible for coordination of activity in this realm. He is in direct contact with 37 priests in 12 eparchies who have been assigned responsibility for prison pastoral care. Those pastors ensure regular attendance of penitentiary facilities, investigatory isolators and prisons.

Department of the UGCC for Pastoral Care in the Armed Forces and in the Penitentiary System of Ukraine is provisory structure till both chaplaincies will be quite ripe to form more solid establishments. Prison Pastoral Care is appealed to facilitate transition from the punitive system neglecting human dignity to correctional system cherishing penitentiary idea. Our mission is to serve the inmates in the national penitentiaries with Christian charity and reconciliation through extensive ministry to the spiritual and physical needs of prisoners of any creed, sex, age, religious faith, or nationality. The priority directions of the ministry are sermon, catechetics, administration of the sacraments for inmates, assistance and support of communication with family, spiritual support of the prison stuff, engagement of lay people in ministry.

The UGCC Prison Ministry has many directions of development and compatibility with other missions of the Church. It is currently carrying out on the base of «The Agreement for cooperation of the Ukrainian Greek-Catholic Church with State Penal Department of Ukraine» which offers many possibilities. Today pastoral ministry is regularly carried out in penitentiary facilities # 3, 13, 27, 30, 40, 41, 44, 47, 48, 50, 55, 57, 63, 110, 112, 120, 124, in correctional centres # 118, 128, 135 in seven investigatory isolators and in three juvenile prisons of Ukraine. In 6 prisons our pastors are able to attend only irregularly.

The UGCC became an active member of The International Commission of Catholic Prison Pastoral Care (ICCPPC) at the XII-th World Congress, held in Rome in September 2007. The ICCPPC is a worldwide Association of country delegates for Catholic Prison Pastoral Care, composed of clerical and lay persons. At this Congress the Church expressed concern about imprisoned held in inhumane conditions, especially minors, women, old and mentally ill persons and those people who only came on trial and their guilt was not proven. With the prayers of the Holy Father this Congress indeed gave to its participants the chance “to share the experience of contemplating the mysterious expression of the face of Christ which shines through the face of the imprisoned." Pope Benedict XVI encouraged prison chaplains in their ministry to "show this face to the world."

For the first time in the history of Ukraine, a training program for prison chaplains of the UGCC called “Pastoral care at the penitentiary institutions of Ukraine" was held at the Professional College of the State Penal Department in Bila Tserkva town in November, 2007. On February - May, 2008 this common educational program was spread out for other Christian denominations.

Since 2008 chaplains of the UGCC are in closer cooperation with catholic chaplains in Poland sharing experiences.

On February, 2008 the UGCC presentated the Ukrainian publication of Compendium of the Catholic social teaching for the State Penal Department of Ukraine.

On June, 2008 the UGCC and Penitentiary Service of Ukraine carried out the First Pilgrimage to Zarvanytsia, a sacred place of the Blessed Virgin Mary. The employees of the Central Administration of the Penal Department, chiefs of all Regional Management Units of the Penal System, chiefs and assistants of 183 prison facilities of Ukraine and clergy of different Churches took part in this occasion. The total number of pilgrims was more than 350 persons. Pilgrimage was carried out with the intention to deepen the understanding of vocation to the prison service and to comprehend the Teaching of the Church about challenges concerning crime, sin, penance, pardon, change of life and cherishment of the human dignity.

The UGCC invites the State Penitentiary Service of Ukraine for an annual pilgrimage to the Saint Dormition Monastery of Univ (Lviv region). This pilgrimage for the workers of the prison system of Ukraine, named “Justice, Faith and Mercy!”, is dedicated to the Feast of the Exaltation of the Cross (or Triumph of the Cross) on September, 26-27.


The Ukrainian translation of the book "Human Rights of Prisoners" was issued on July, 2008. The English version of the book was published in 2006 in Rome under the aegis of the Pontifical Council for Justice and Peace and the International Commission of Catholic Prison Pastoral Care(ICCPPC). The translation of "Human Rights of Prisoners" into Ukrainian was published on the occasion of the 60th anniversary of the signing of the Universal Declaration of Human Rights, accepted and proclaimed on December 10, 1948, by the General Assembly of the UN.

"Criminality is a reality which we couldn't avoid, but it is not always clear for us what to do with it, and how. How should we behave with criminals, how do criminals themselves have to examine the status of their soul?", - so wrote Patriarch Lubomyr in the introduction, - "Are we able to understand properly the situation of a man in jail and after release?"

Rev. Deacon Peter Echtermeyer, former Chief Representative of the ICCPPC-Europe, had done a lot for inspiration of Prison Pastoral. He traveled to Ukraine four times, showing brotherly support for this important ministry of the Church. During those visits deacon Peter met prisoners, state officials, chaplains, local bishops, His Beatitude Lubomyr Huzar and Archbishop Ivan Jurkovic, Apostolic Nuncio to Ukraine. The International conference “Area Juridica of Prison Ministry” took place in Kyiv on June 6, 2009, by the initiative of the ICCPPC-Europe. The Conference was organized in cooperation of the UGCC and the State Penal Department of Ukraine. Participants examined the status of legislation in European countries for the safeguarding of human dignity in prisons. The Conference analyzed status of criminal justice in Central and Eastern Europe, human rights of prisoners and convicts. Members of the working group of the ICCPPC-Europe invited for the Conference representatives of Churches ministering in prisons of Ukraine. Vice-president of PFI Soren Johnson and head chaplain of Russia Rev. Alexander Dobrodiejev participated in this event.

In December 2009 the Commission of Kiev Archdiocese for penitentiary pastoral care was founded by decision of His Beatitude Lubomir Husar.

Issues of the ministry in prison were the subject of three sessions of the Synod of Bishops of the UGCC in 2010. There were appointed new chaplains in the dioceses. The number of volunteers increased. In summer of 2010 the registration of the 1-st Rehabilitation Center for women ex-prisoners started in Chernigiv suburb. The importance and value of pastoral care in penitentiary system is undisputable. Even if prison chaplaincy does not exist in Ukraine de jure, ministry of the Church in prison establishments of Ukraine became more possible de facto than we practically offer now! The number of well trained lay volunteers is not enough. Not all assigned pastors really respond to vocation for regular ministry in prison.

Understanding and sensitivity of the Synod of Bishops of the UGCC concerning prison pastoral ministry is growing. But mission of the Church in prison has new challenges and demands. We need to form a well coordinated framework. The Institution of Prison Chaplaincy in Prison System of Ukraine would be approved by legislation in few years.

The Board of the ICCPPC-Europe has gathered on January 2012 in Lviv (Western Ukraine) to analyze the development of the international cooperation in the region. Conference was headed by Rev. Msgr. Pawel Wojtas (Poland), vice-president of the ICCPPC and Fr. Marc Helfer (France), chief representative of the ICCPPC-Europe. We can see now rapid development and maturation of prison pastoral mission of the Ukrainian Catholic Church through engagement of its lay and pastoral resources. Planning and coordination of the ministry facilitates the improvement of evangelization behind bars. Pastoral care is embracing not just offenders but prison personnel as well. It gives more chances for the establishment of a prison chaplaincy institution in Ukraine that meets European prison standards. It means reform and development of the criminal justice and prison system in Ukraine towards regard of the human rights of inmates. But mission of the Church in prison has new challenges and demands.The Institution of Prison Chaplaincy in Prison System of Ukraine would be approved by legislation in few years. Church in Ukraine is giving a worthy reply to the spiritual hunger of prisoners and this serves for restoration the moral health of society.

In December 12, 2012 the Head of the Ukrainian Greek Catholic Church, Patriarch Sviatoslav and Alexander Lisitskov, Chairman of the State Penitentiary Service of Ukraine (SPSU), Lieutenant-General of internal service have signed an Agreement on cooperation. The Agreement is a reflection of cooperation according to the previous document signed by His Beatitude Lubomir Huzar in the year 2007. The text of the Agreement summarizes not only the structural changes that have occurred over the past 5 years, but also laid emphasis on pastoral care about staff SPSU and families of staff, students of educational institutions SPSU, prisoners and persons detained.

In December, 2012 a book «To minister prisoners» had been edited. This first prison pastoral manual provides some professional guidance for ministry in penitentiary institutions. The book will be useful for seminarians, priests and volunteers of this wonderful ministry.

 CONTACTS:

  

Most Rev. Michael Koltun,
Bishop of Sokal and Zhovkva, Head of The Department of the UGCC for Pastoral Care in Power Structures of Ukraine (in Military Forces and in Penitentiary System)

P.O.Box B-125

Kyiv, 01001, Ukraine

fax: +38044 278-61-84

e-mail: sokaleparchy@zhovkva.lviv.ua

Fr. Constantin Panteley,
Head of The Office for Pastoral Care in Penitentiary System of Ukraine

P.O.Box B-125

Kyiv, 01001, Ukraine

fax: +38044 279-19-20

mob.ph. +38098 422-9-221

e-mail: panteley@ukr.net

skype: constantin.panteley

Juriy Josyfovych,

Assistant of The Office for Pastoral Care in Penitentiary System of Ukraine

P.O.Box B-125

Kyiv, 01001, Ukraine

fax: +38044 279-19-20

mob.ph. +38097 924-24-94

e-mail: josyfovych@gmail.com

Expediency of Juvenile Justice System in Ukraine

Prison system of Ukraine. How to cope?

The UGCC has presented a new manual «To minister prisoners: professional guidance for ministry in penitentiary institutions».

December 26, 2012. Presentation of the book «To minister prisoners: professional guidance for ministry in penitentiary institutions» has been held at the Lviv Theological Seminary of the Holy Spirit. This ceremony occurred with the blessing of His Grace Benedict (Aleksiychuk), Auxiliary Bishop of Lviv Archeparchy, and His Grace Michael (Koltun), Bishop of Sokal and Zhovkva, the Head of the PC UGCC Department for Pastoral Care in the Armed Forces and in the Penitentiary System of Ukraine. In the event have participated representatives of the group of authors of the book Rev. Constantin Panteley and brother Yuri Cousio, priests of the Archeparchy of Lviv, chaplains, seminarians, representatives of the Interdenominational Christian Mission of Prison Ministry and officers of the State Penitentiary Service of Ukraine in Lviv region. The book has been published by the «Don Bosco» Edition of Salesian Fathers by funds of Renovabis, by the efforts of the Department of Patriarchal Curia of the UGCC for Pastoral Care in the Armed Forces and in the Penitentiary System of Ukraine. It is the fruit of many years of cooperation with the Prison Service. This manual provides some professional guidance for ministry in penitentiary institutions. The book will be useful for seminarians, priests and volunteers of this wonderful ministry. Authors who participated in writing the book: psychology Ph.D. Sergey Zamula, Th.M. Yuri Cousio, Fr. Dr. Jaroslav Storonyak, Igor Car, Fr. Basil Pantelyuk, Fr. Emelyan Kolodchak and Fr. Constantine Pantelei – endeavored to share with readers the best achievements in the field of Prison Ministry of the Church.

In the Introduction to the book His Grace Bishop Michael (Koltun) said: «The task of the pastor who cares about prisoners is to help them to see life and people with other eyes. Pastor assists each person to found one’s own life based on Christian worldview so that one could encounter difficulties, and not try to hide away from them but bravely overcome them. But on the shoulders of prison chaplains is another responsible ministry to forward thinking of people: not only those that are in prison, but those who live on the other side of the walls».

The presentation has been made by Fr. Constantine Panteley responsible for prison pastoral care. The other speekers were Fr. Gregory Draus, chief chaplain of the Roman Catholic Church in Ukraine, a psychologist and Master of Theology brother Yuri Cousio, Colonel of the internal service Bogdan D. Gedz, Deputy Head of the SPS of Ukraine in Lviv region and major of the internal service Yuri O. Hlopyk Chief of Psychological Service Management. The book will be transferred to the Church’s seminaries, libraries, schools of the SPS of Ukraine. Also, the electronic version will be available on the website: http://www.kapelanstvo.org.ua/.

The UGCC Office for Pastoral Care in Penitentiary System of Ukraine

Photos:

The Ukrainian Greek Catholic Church and the State Penitentiary Service of Ukraine have got a new Agreement of cooperation.

In December 12, 2012 the Head of the Ukrainian Greek Catholic Church, Patriarch Sviatoslav and Alexander Lisitskov, the Head of the State Penitentiary Service of Ukraine (SPSU), Lieutenant-General of internal service, have signed an Agreement for cooperation. The Agreement is a reflection of cooperation according to the previous document signed by His Beatitude Lubomir Huzar in the year 2007. The text of the Agreement summarizes not only the structural changes that have occurred over the past 5 years, but also laid emphasis on pastoral care about staff of the SPSU and families of staff, students of educational the SPSU institutions, prisoners and persons detained, as mentioned Rev. Сonstantin Panteley, responsible for prison pastoral care in the UGCC.

The goal of this Agreement is coordination of principles supporting the constitutional rights of inmates to have their religious needs met and the requirements of Ukrainian law in the realm of freedom of conscience according to their legal status. Besides that, the UGCC and the SPSU will become “closer partners” in work for social integration of former convicts.

The Cooperation of the Church and the State Penitentiary Service is now coordinated by the UGCC Office for pastoral care which is a structural division of the Department of Pastoral Care in the Armed Forces of Ukraine. Counterparty on behalf of the SPSU is the Criminal Inspection and Socio-Psychological Service for Convicts Department.

Main directions of the cooperation is:  guaranteeing religious rights and freedoms to convicts, people arrested; charity assistance, informational and spiritual educational activities aimed at overcoming alienation, social isolation of incarcerated people, as well as work on prevention of AIDS, alcohol and drug dependency; assistance for renewal of relations betwin pisoners and their families, aid to convicts befor release et ctr.

A point must be reminded, that this new Agreement is a continuation of the tradition of pastoral ministry in prison, the principles of which were agreed upon by the Agreement for  Cooperation between the Ukrainian Greek Catholic Church and the State Penal Department of Ukraine (April 2, 2007).  

 

   

   

 

 

After solemn ceremony of signing of Agreement, His Beatitude Sviatoslav visited the museum staff of the State Penitentiary Service of Ukraine.

 

 

 

 The Agreement:

 

 

 

 

The UGCC Department of Information, used photos of the SPSU.

BASIC PRINCIPLES: RELIGION IN PRISON

Twelfth United Nations Congress on Crime Prevention and Criminal Justice

Salvador de Bahia, Brazil, 12–19 April 2010 

"BASIC PRINCIPLES: RELIGION IN PRISON"   This document has been prepared by the International Commission of Catholic Prison Pastoral Care, in cooperation with the International Prison Chaplains Association, the International Corrections and Prisons Association, and Penal Reform International.  It has been reviewed by prison managers as well as prison pastoral workers from the Buddhist, Hindu, Muslim, Eastern Orthodox, Protestant Christian, and Roman Catholic faiths. Contributions have also been received from the UN Special Rapporteur on Freedom of Religion or Belief and two members of the European Committee for Prevention of Torture and Inhuman or Degrading Treatment or Punishment. It is hoped these basic principles will serve as the basis for recommendations by the United Nations Congress of Crime Prevention and Criminal Justice.

BASIC PRINCIPLES ON RELIGIOUS ASSISTANCE IN PRISONS 

What the international instruments say:

1.     Everyone has the right to freedom of thought, conscience and religion. This right includes the freedom, either alone or in community with others and in public or private, to manifest his (her) religion or belief in teaching, practice, worship and observance, as well as the freedom to change his (her) religion or belief (Universal Declaration of Human Rights, International  Covenant on Civil and Political Rights [ICCPR]). All persons deprived of their liberty, according to Article 10 of ICCPR, shall be treated with humanity and respect for the inherent dignity of the human person. States are obliged, under the Covenant, to guarantee religious rights and to provide all necessary means that detainees have the opportunity to practise these rights.

2. Every prisoner shall be allowed to satisfy the needs of his (her) religious life by attending the services provided in the institution and having in his possession the books of religious observance and instruction of his denomination (Standard Minimum Rules for the Treatment of Prisoners, Article 42).  According to Article 41, if an institution contains a sufficient number of prisoners of the same religion, a qualified representative of that religion shall be appointed or approved  on a full time basis if the number of prisoners justifies it.  That representative shall be allowed to hold regular services and to pay pastoral visits in private to prisoners of his religion at proper times. Access to a qualified representative shall not be refused to any prisoner.
3. Article 27 of ICCPR provides that in those States in which religious minorities exist, persons belonging to such minorities shall not be denied the right to profess and practise their own religion. The principle of equal rights without discrimination (religion or religious belief) is confirmed in Principle 5 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.  The spiritual beliefs, religious customs, and ceremonies of indigenous peoples are particularly to be respected under UN Declaration on the Rights of Indigenous Peoples
4.  
5. “Religious freedom” in prisons is inoperable without the assistance of the respective religious representatives. This assistance is essential so that prisoners/detainees can exercise their religious rights. The penal administration, representing the State authority, must make sure that religious representatives can do their work on an effective, regular, permanent and voluntary basis.

Putting the principles into practice

Deprivation of liberty must not include deprivation of the right to observe the practices and rituals of one’s religion. The United Nations Human Rights Committee affirms that treating all persons deprived of their liberty with humanity and respect for their dignity is a fundamental and universally applicable rule.  Therefore, prison administrations must ensure that:

1.     Prisoners have the opportunity to pray, to read religious texts and to meet other requirements of their religion, such as food, clothing, washing, and freedom from work, as their religion requires.

2.     Prisoners of the same religion have the opportunity to gather for religious services on a regular basis.

3.     Prisoners have the opportunity to be visited by qualified representatives of their religion for private prayers and group services. These provisions must apply to all recognised religious groups and must not be restricted to the main religions in any country. Special attention should be paid to the religious needs of prisoners from minority groups.  The right to religious assistance must not be restricted by any disciplinary measure.

4.     Prisoners who do not adhere to any religious group or who do not wish to practise a religion must not be obliged to do so.  A prisoner's wish must be absolutely respected, whether he wants to see the religious representative, even of his own faith, or not.  No coercion or pressure to practise a religion should be permitted nor inducements given, such as special privileges. Religious representatives must not engage in aggressive missionary work or in forceful proselytising, nor should they promote hatred, religious fanaticism or violence.

5.     Religious assistance must be considered to have the same importance as other aid given to prisoners, such as social services, psychological services, legal assistance, vocational training, counselling, health care and material assistance.

6.     Required participation in religious programmes must not be used as a disciplinary measure or as an instrument of involuntary rehabilitation.  The prison administration is not allowed to use any report of the religious participation of a prisoner or his religious moral attitudes to deliver or deny any prison benefits.  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. Impermissible discrimination, forms of degrading treatment, or acts aimed at injuring the religious feelings of persons is strictly prohibited.

7.     Prison administrations have a responsibility to prevent the development of sub-groups that discriminate against minorities, both within their staff and within the prison population.  A person in custody finds himself in a situation of enhanced vulnerability and can therefore be an easy target for persecution. This may require additional vigilance on any occasion when tensions or prejudices are heightened in the community outside the prison.

Religious requirements:

1.     Opportunities for exercising a religion or belief are required in all prisons. There must be no discrimination against prisoners of any religion or belief, or against those with no explicit beliefs (atheists or agnostics).  Places and times for spiritual meditation and self-examination should be reserved for prisoners not affiliated to any recognised religion.

2.     Prison administrations should seek to understand the requirements associated with a prisoner’s belief and practice, including holy days, prayer times, hygiene, food, etc.  There should be training programs of persons in charge of prisoners regarding their duty to promote and respect international human rights standards for the treatment of prisoners, in particular the right to freedom of religion

3.     The availability of religious texts, artefacts and religious services, as may be reasonably required for a prisoner to exercise his right to practice a religion, should be guaranteed.

Communal worship:

1.     Every prison should have a recognised physical location where prisoners of the same religion may gather as a group.

2.     The prison must publicise and ensure access to communal worship to the maximum extent, taking into account security aspects. If necessary, additional security measures must be put in place to ensure that all interested prisoners have the opportunity to participate in communal worship related to their religion.

3.     Prisoners are authorised (should be able) to meet the needs of their religious life or beliefs by attending the services available in the prison, unless there is a clear, definable and exceptional risk to security or public order.

4.     Every prisoner may change his religion at any time, after following the prescribed induction of the receiving body.  The study of other religions and participation in other religious services shall be permitted as long as it is voluntary and not disruptive.

Qualified representatives:

1.     Communal worship shall be led by qualified representatives of a prisoner’s religion. Communal prayer and meditation among prisoners should be facilitated, even in the absence of a religious representative.

2.     A standard procedure must be in place for a prisoner to request an individual visit from a representative of his religion.

3.     The prison administration must ensure that suitable facilities are available for a prisoner to receive a contact visit from a qualified representative of his religion, while meeting needs for the provision of private prayer and strict confidentiality (no acoustic surveillance).  Interrogation of religious representatives on information which they receive during their work shall not take place.

4.     The religious representatives should always seek to maintain good relations and cooperation with representatives of other religious denominations and support networking with other care-giving organisations.

5.     Religious representatives have the right to expand their spiritual work to other activities such as humanitarian assistance (maintenance of family ties and connection with a prisoner's religious community, especially in the case of migrants), counselling, literacy, skills training, facilitating social re-entry,  job placement, seeking post-release shelter, organising after-care, or promoting cultural activities (artwork, musical performances, choirs, book and film discussions, well stocked libraries, prison magazines, theatre groups) all of which can contribute to self-improvement, self-examination and self-expression.

6.     Religious representatives are on the side of those who seek to improve the penal system and prison conditions and to contribute to penal reform. Religious representatives, should join forces to prevent torture or inhuman or degrading treatment (see the handbook of the International Commission of Catholic Prison Pastoral Care for prison chaplains confronted with torture).

7.     Religious representatives should also be available for religious observances, private prayer, awareness raising on religious values and ethics, and/or counselling when requested by the prison staff.

8.     With due regard for their independence, religious representatives shall be respected as a part of the prison system.  A close working cooperation with the prison authorities is highly desirable. Religious representatives should offer appropriate information to them about religious observances and requirements, but must never pass on pass information that contravenes the human or religious rights of the prisoners.

9.     To ensure the access of all prisoners to religious assistance, religious representatives must be permitted direct contact with all prisoners and all places inside the prison.

10. In order to prohibit or suspend access of a regularly accredited religious representative to the prison, the prison administration must provide justification and give the religious representative the opportunity to defend him/herself. Serious conflicts shall be handled between the prison administration and the religious institution according to the legal procedure of the State and taking into account the obligation of the State to guarantee religious freedom according to the International Covenant on Civil and Political Rights.

Balancing rights and practicality

1. Religious representatives must be aware of and comply with the rules and regulations of the institution in which they work.  They must act correctly vis-à-vis the prison administration.  In turn, the religious representatives should be given the respect of the managers and staff of the prison, including the necessary support for their work, the possibility of access to all inmates who wish to see them and a convenient place and time for a religious service.
2. It is recognised that there may be exceptional circumstances in which the right to practise a belief will be restricted.  Preaching hatred, violence, or practising rituals harmful to others must be prohibited. Language or behaviour that could reasonably be construed as a threat to safety, security, or the orderly running of the institution should be banned (e.g., preaching enmity, self-mutilation, paramilitary exercises, use or display of what appears to a weapon, animal sacrifices, disparagement of other religions). It is recognised that the demands of all prisoners cannot always be completely satisfied, particularly if their chosen religious representative or supplier of special dietary food is not available in a particular location.
3. The prison administration shall not restrict a person's exercise of religion unless it can demonstrate that this is in furtherance of a compelling governmental interest and that is the least restrictive means of meeting that compelling interest. 
4. While it would be impossible to identify every instance where contradictory rights could emerge, the general principle to be adopted would be a balancing of safety, security, resources and mental health considerations along with the right to practise one's belief.
5. However, when claiming the need to limit religious activities, the prison administration must not refer to obstacles that it is their responsibility to overcome (e.g., provision of necessary staff and space). The administration must provide the means for prisoners to practise their religious rights. Security reasons must not used to deny the fundamental right of exercising one's religious belief.
6. The deprivation of religious rights may not be used as a disciplinary measure or punishment, eg.prisoners may not be deprived of seeing the representative, or refused their religious food or clothing as punishment for an infraction or as disciplinary measure.  They may, if confined to solitary detention, be deprived of group services, but not deprived of their religious rights [platzer1] Prison administration shall take all reasonable steps to explain the reasons why individual’s rights to practise a belief are being restricted.

 

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 [platzer1]This seems anomalous, in view of what is said above. Omit?