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