OBJECTIVE
The objective of this chapter is to underline that prisoners have the right to freedom of religious belief and to observe the requirements of their religion. This chapter should be cross-referenced with chapter 29 of the Manual, dealing with the principle of non-discrimination.
ESSENTIAL PRINCIPLES
All prisoners have the right to observe the tenets of their religion and to have access to a minister of that religion.
Prisoners shall be allowed access to qualified representatives of any religion.
These principles should be presented visually and remain on display throughout the session.
BASIS IN INTERNATIONAL INSTRUMENTS Exercise:
Using the Compilation of Instruments, the trainees should work in pairs in order to discover the basis for each of these principles.
The information should be reported back to the group.
IMPLICATIONS
The point being made is that religion is a personal matter and pursuit of it should be nei-ther restricted nor enforced inside a prison. This is a subject which may arouse strong feeling.
It must be stressed that the international instruments apply to all prisons in all countries.
They are not intended as a comment on any cultural practices, only on the human rights which apply to all people.
PRACTICAL RECOMMENDATIONS
Situations across different jurisdictions and different cultures will vary considerably, but the requirements of the instruments are the same.
These points should be made one at a time, allowing the opportunity for discussion and comment.
TOPICS FOR DISCUSSION
A list of topics is provided in the Manual.
Methodology:
The trainees should be divided into small groups for discussion. Each group should be given one topic and time should be allowed for a reporting back session.
It would be helpful if there were members of religious groups on the training team to facilitate discussion and answer questions.
It must be acknowledged that this can be a difficult area for prison staff to manage, partly because of the scarcity of resources and partly because of a measure of scepti-cism, which may be justified.
Points to be highlighted/suggested areas for discussion:
39. – Prison authorities must be well informed on the rites and practices of the religions likely to be practised by inmates;
39. – The instruments require that all prisoners be allowed to practise religious observance, so strategies for incorporating all the elements into the regime need to be developed;
39. – The prison kitchen, the laundry and the staff rota are all likely to be affected;
39. – To ensure compliance, it is advisable that close contact be maintained with practitioners of the religion in the community;
39. – Prisoners sometimes discover an interest in religion while in prison, even if they have shown little interest previously;
39. – The reasons for this might be sincere or they might not; it is not for prison authorities to determine motives;
39. – If the “new” religion is seen to carry advantages, e.g. extra food or extra time outside the cell, it might be gaining a following;
39. – It is usually the case that it will also carry disadvantages at some point during the year, for example fasting. It is important that prison authorities observe these as well;
39. – The minister of religion, who no longer has a following, should ensure that the newly converted are fully aware of the obligations placed on them by bringing the relevant minister into the prison for educational purposes;
39. – In the end, religious practice is a matter for each individual.
CASE STUDIES Methodology:
A round-table discussion is recommended for these studies, with volunteer trainees sit-ting alongside specialist members of the training team.
Points to be highlighted/suggested areas for discussion:
CASE STUDY 1
39. – A main task of the prison director is to maintain security and good order in the prison;
39. – It is important that the requirements of the religion are known, understood and practised reliably in the prison. Beyond that, the director has the right to question what is going on;
39. – The prison minister should be required to investigate the described turn of events and report to the director;
39. – It is possible that the visiting minister has seriously overstepped the brief and should be reported to the superior religious body; an alternative minister may be requested to carry out the duties in the prison;
39. – It may be that the religion requires its ministers to behave in this way. This is unlikely, but it would be very difficult to manage within a prison. In the end, the prisoners would be likely to suffer because their intransigence would inevitably mean restrictions on activity;
39. – The prison director may have to intervene personally with the religious authorities in order to achieve cooperation.
CASE STUDY 2
39. – Hard information about the religious requirements of this group of prisoners must be found before any action can be taken;
39. – Where possible, contact with a group in the community should be sought for advice;
39. – If the religious requirements are binding, the prison director has the options of providing food within the prison in an acceptable way, receiving food which has been prepared in the community according to the religious rulings or arranging to have the prisoners moved to another prison where the requirements can be met.