the possession of materials expressing sympathies to extremist behaviours/actions.
158
Other detection grids explicitly mention Islam.
157
Religious practice and conversion in prison is a complex topic – people in prison may
turn to religion to cope with the hardship of prison life or personal circumstances, to find
159
meaning, hope or forgiveness. Indicators centred on a prisoner’s choice or change
of religion or religious practice can, therefore, be misleading. More importantly, such
indicators are discriminatory and may infringe on the freedom of religion or belief, which
is protected under international law, and in particular under article 18 of the International
160
Covenant on Civil and Political Rights (ICCPR) and included in OSCE commitments.
This includes both the freedom “to have or to adopt a religion or belief of [one’s] choice”
and the freedom to “manifest” such religion or belief. The former may not be limited
under any circumstances. The latter may only be restricted subject to the principles
of legality, necessity, proportionality and non-discrimination; national security is not a
161
legitimate ground to justify limitations. Prison authorities should ensure that all prisoners
can continue to enjoy this freedom, including – but not limited to – by taking part in
private or communal prayers, having access to qualified representatives of their religion,
162
and possessing the books of religious observance and instruction of their choice. The
banning of openly reading religious texts, such as the Bible or the Koran, and, in particular,
the mistreatment and even torture of prisoners, including beatings, for openly praying, for
163
example, are clear violations of international human rights law.
Freedom of opinion and expression: The use of indicators can impact an individual’s
freedom of opinion and expression, as it may result in self-censorship out of fear of being
164
branded a “(violent) extremist”. Individuals categorized on the basis of indicators as
157 Examples from the United Kingdom and the Netherlands, ICSR, “Prisons and Terrorism – Radicalization
and Deradicalization in 15 Countries”, op. cit., note 60, p. 32.
158 “Is of Muslim faith – Yes/No”; “Looks to impose his view of Islam on others – Yes/No”; “Refuses the
assignment of a non-Muslim fellow detainee in his cell, or of any detainee in his cell – Yes/No”: see
Ministry of Justice, Director of Prisons Administration (Directeur de l’administration pénitentiaire, DAP),
“Guide d’utilisation des outils d’aide au repérage pluridisciplinaire d’un risque de radicalization violente
en établissement pénitentiaire” (in French only), 5 December 2016, Appendix 1, “Grid for Collection of
Information from Surveillance Personnel”, original source: “Statement of Opinion on the Prevention of
Radicalization”, Commission Nationale Consultative des Droits de l’Homme”, 18 May 2017, p. 13.
159 On the role of religion in prisons see, for example, Shadd Maruna, Louise Wilson, Kathryn Curran, “Why God
Is Often Found Behind Bars: Prison Conversions and the Crisis of Self-Narrative”, in Research in Human
Development, 3(2&3), 2006; Pew Research Center, Religion in Prisons – A 50-State Survey of Prison
Chaplains, 22 March 2012; Dr Ruth Armstrong, “Transforming Rehabilitation: Can Faith-Communities
Help to Reduce Reoffending?”, Prison Service Journal, Issue 216, 2014; and the ongoing project by the
Institute for Crime and Justice Policy Research at Birkbeck. See also section 2.3 on rehabilitation and
reintegration programmes, below.
160 OSCE commitments and international standards, op. cit., note 117.
161 UN CCPR, General Comment No. 22: Article 18 (Freedom of Thought, Conscience or Religion),
CCPR/C/21/Rev.1/Add.4, 30 July 1993, para. 8.
162 UN Nelson Mandela Rules, op. cit., note 13, Rules 65-66. On foreign prisoners, see: UN General Assembly
Resolution 45/158, International Convention on the Rights of Migrants and Their Families, 18 December
1990, Article 17.7. On juveniles, see UN Havana Rules, op. cit., note 86, Rule 48.
163 For reports of such concern see, for example, “Report of the Special Rapporteur on Freedom of Religion
or Belief on His Mission to Uzbekistan”, 22 February 2018, A/HRC/37/49/Add.2, para. 67; Forum18,
“TAJIKISTAN: ‘I Do Not Know What the Mandela Rules Are’”, 10 March 2021.
164 UN Special Rapporteur on Counter-Terrorism, “Preventing and Countering Violent Extremism”, op. cit.,
note 23, para. 46.
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