A/HRC/30/19 25. Bearing in mind the importance of rehabilitation as an overarching aim of imprisonment, the adverse impact of overcrowding on the availability of rehabilitation services is of particular concern.103 F. Freedom of religion or belief 26. The Special Rapporteur on freedom of religion or belief has emphasized that all persons deprived of their liberty have the right to freedom of religion or belief.104 Overcrowding has an adverse effect on all aspects of detention, which in turn negatively impacts detainees’ freedom of religion or belief. Often there is insufficient space for religious practices,105 the possibility to observe religious rituals on certain days is hindered,106 religious scripts are unavailable107 and there are reportedly problems with regard to the type of meals suitable for members of different faiths.108 G. Right to privacy, family life and rights of family members 27. Overincarceration and overcrowding mean that those in detention live in very crammed surroundings, thereby leading to a serious infringement of their right to privacy.109 The independent expert on the situation of human rights in Haiti has reported that the severity of overcrowding in detention facilities is such that each detainee has no more than 40cm2 of living space.110 The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment reported situations in which inmates have to lie head to toe in a foetal position, sleep in shifts or sitting up, owing to the lack of space as a result of overcrowding.111 Many detainees also lack privacy even for such basic functions as using toilet facilities.112 28. Overcrowding may lead to restrictions upon the right to maintain contacts with relatives because facilities usually allocated for family visits may be reallocated for other purposes owing to overcrowding. Moreover, some countries resort to so-called “balancing” programmes whereby detainees are reallocated to different places of detention in order to alleviate problems of overcrowding. This results in detainees being moved far away from their families, adversely impacting their visit entitlements.113 This infringes not only upon detainees’ human rights but also on those of their family members. It may also have negative impact upon the fair trial rights as detainees are moved far from the courts and legal services. 103 104 105 106 107 108 109 110 111 112 113 10 See A/HRC/25/60/Add.1, para. 85; A/HRC/22/53/Add.2, para. 47; and Pacheco Teruel et al. v. Honduras, Inter-American Court of Human Rights Judgement (2012), para. 96. See A/60/399, para. 73. See www.achpr.org/files/sessions/37th/mission-reports/prisons2004/misrep_specmec_priso_southafrica_2004_eng.pdf, p. 46. See A/HRC/10/8/Add.2, para. 53. See A/60/399, para. 70. See A/HRC/4/21/Add.1, paras. 23 and 58-60, and A/HRC/10/8/Add.2, para. 53. See A/HRC/25/71, para. 35. See A/HRC/25/71, para. 32. See A/HRC/25/60/Add.1, para. 43. See Montero-Aranguren v. Venezuela, Inter-American Court of Human Rights Judgement (2006), para. 99. See CPT/Inf (2014) 13, para. 111.