permitted by Article 18(3) of the ICCPR and OSCE commitments, are fully met and, if
they are not met, should adapt their practice concerning communal prayer in Camps 5 and
7.
261. Recent reports also allege that hunger strikers have been deprived of the possibility of
communal prayer, including during Ramadan.542 ODIHR reiterates that the deprivation of
communal prayer should never be used as a means to break a hunger strike as it appears to
constitute a form of punishment used to pressure detainees to end their protest.
Furthermore, ODIHR is concerned that it may also amount to an unnecessary or
disproportionate restriction on hunger strikers’ freedom of religion or belief. This is of
particular concern during the month of Ramadan, where preventing Muslims from
collectively performing traditional extra prayers “would truly create a great sense of
deprivation and distress”.543
262. “High-value detainees” held in Camp 7 appear to face greater restrictions on the exercise
of their religious freedom. Defence counsel stated in 2011 that their clients were no longer
allowed to give lessons to other detainees on interpretation of the Koran.544 In 2013, they
reported that contrary to the detainees in other camps, their clients’ access to religious
materials had been restricted without further explanation.545 Attorneys for Khalid Shaikh
Mohammad also indicated to ODIHR, in February 2014, that their client did not have
access to a Muslim chaplain.546 Compliance with international standards on freedom of
religion or belief requires that all detainees can have access to a religious representative if
they wish.547 Moreover, ODIHR wishes to reiterate that, under international law, all
restrictions on the right of detainees to manifest their religion or belief should be
prescribed by law, guided by a legitimate aim as well as remain proportionate and nondiscriminatory.
542
United States District Court for the District of Columbia, Hassan v. Obama, “Statement of Points and Authorities in Support
of Petitioner’s Application for Preliminary Injunction”, op. cit., note 455, pp. 13-14; ODIHR interview with Marine Corps Major
Derek Poteet and Army Major Jason Wright, 25 February 2014.See, also, Carol Rosenberg, “Prison life turns upside down during
Ramadan at Guantánamo”, Miami Herald website, 19 July 2015, <http://www.miamiherald.com/news/nationworld/world/americas/guantanamo/article27853954.html>: 'The exceptions are hunger strikers the military confines to solo cells
for what it calls health and safety reasons, even those deemed ‘highly compliant’”.
543
United States District Court for the District of Columbia, Hassan v. Obama, “Petitioner’s emergency application for a
temporary restraining order prohibiting respondents from depriving petitioner of the right to pray communally during the month
of Ramadan”, 3 July 2014, p. 2, <http://lawprofessors.typepad.com/files/tro.pdf>: “After each day’s final evening prayer,
Muslims traditionally perform extra prayers—called tarawih—in which they recite one-thirtieth of the Qu’ran in consecutive
segments throughout the month. (…) ‘This is a special part of Ramadan tradition and is a collectively performed act of piety. If a
person were prevented from performing this highly valued and deeply spiritual practice, it would truly create a great sense of
deprivation and distress’”; Dr. Sayyid M. Syeed, “The Meaning of Tarawih”, National Religious Campaign Against Torture
website, <http://www.nrcat.org/interfaith-campaign-to-address-anti-muslim-sentiment/background/the-meaning-of-tarawih>.
544
United States Military Commission, United States of America v. Mohammad et al., AE 108 (MAH, AAA, RBS, WBA), op.
cit., note 424, Attachment G, p. 124.
545
“Requests to Improve the Conditions of Confinement in Guantánamo”, Office of the Chief Defense Counsel, op. cit., note
424, p. 10.
546
ODIHR interview with Marine Corps Major Derek Poteet and Army Major Jason Wright, op. cit., note 542.
547
“Standard Minimum Rules for the Treatment of Prisoners”, op. cit., note 280, Rule 41.
113
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