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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